TOWFIK AHMAD KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing Annexure -6, whereby the application of the petitioner for Assistant Teacher has been rejected, because the petitioner has not obtained 50% marks in the intermediate examination. It is submitted by Sri Sanjay Kumar Tiwari, learned counsel for the petitioner that as per the advertisement, if a candidate has got 45% marks in the intermediate examination along with two years Diploma in Primary Education, then he is eligible for appointment. It is submitted that admittedly petitioner has obtained 45.78% marks in the intermediate examination and obtained two years Diploma in Primary Education. Under the said circumstance, the action of the respondent in rejecting the candidature of the petitioner is illegal.

(2.) Learned counsel appearing for the State submits that there are five eligibility criteria in the advertisement. First criteria is that a candidate must have passed intermediate examination with 50% marks and having two years Diploma in Primary Education. He then submits that as per second criteria a candidate is require to have passed the intermediate examination with 45% marks and possess two years Diploma in Primary Education Science. It is submitted by the learned counsel that since the petitioner has not obtained two years Diploma in Primary Education Science, therefore, as per the advertisement, he is not eligible, because he has obtained only 45.78% marks in the intermediate examination. Having heard the submissions, I have gone through the record of the case. From perusal of the advertisement (Annexure -5), I find that following candidates are eligible for appointment as Assistant Teacher: -

(3.) From perusal of record, it appears that the petitioner had obtained only 45.78% marks in the intermediate examination. It also reveals from the record that the petitioner obtained two years Diploma in Primary Education. Under the said circumstance, I find that the petitioner has not qualified for being appointed as Assistant Teacher, because he does not come within the four corners of aforesaid five eligibility criteria. The criteria no. (ii) is not applicable in the case of petitioner because petitioner does not possess two years Diploma in Primary Education Science. Under the said circumstance, I find that the respondent authority had rightly rejected the candidature of the petitioner by Annexure -6.