NARESH CHANDRA MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anjani Kumar Verma, learned counsel for the petitioner and Mr. Anup Kumar Agrawal, learned J.C. to S.C. V for the State.

(2.) The petitioner in this application has prayed for a direction upon the respondent no. 3 to issue appointment letter in view of the select list as the name of the petitioner figures in the merit list dated 23.04.2006, as according to the petitioner his appointment letter to Class IV post has not been given solely on the ground that the petitioner possesses higher qualification than what was required in terms of the advertisement pursuant to which the petitioner has made this application. It has been submitted by the learned counsel for the petitioner that he is an Intermediate and as per the notification dated 25.04.1997, his educational qualification which was required for filling up the Class IV post was upto Matriculation. He further submits that the notification fixing a maximum educational qualification required for making application i.e., upto Matriculation was declared ultra vires by this Court in the case of "Bivash Kumar Vs. State of Bihar" reported in (2000) 1 PLJR 787. He further submits that earlier the State of Jharkhand has issued a Circular dated 19.07.2007 in which the minimum qualification for Class IV post is prescribed as 8th pass. It has further been submitted that since the petitioner is Intermediate pass, there is no bar for the respondents to consider the case of the petitioner for appointment on Class IV post. Learned counsel submits that very recently also some of the empaneled candidates namely, Meghu Mahto and Md. Anwar Ansari have been appointed by the respondent no. 3.

(3.) Mr. Anup Kumar Agrawal, learned J.C. to S.C. V submits that pursuant to the advertisement dated 28.10.2005, a panel of 624 candidates were prepared and during the financial year 2006 -07, under the recommendation for appointment on Class IV post, 386 posts were filled up. He further submits that the panel was valid for a period of one year in terms of the government instructions and since after expiry of panel after one year, the petitioner has no claim for appointment on Class IV post.