SANJEEV KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Misconstruing the appellant-writ petitioner's application for appointment to the post of Post-Graduate Trained Teacher and misinterpreting order dated 10.12.2013 passed in W.P.(S) No. 94 of 2013, the respondent-Jharkhand Academic Council has declined to recommend the name of the petitioner for appointment on the said post. Accepting the plea taken by the respondents in the proceeding of W.P.(S) No. 1389 of 2014 that once the petitioner submitted his application in the category of teachers employed in Government Secondary (High) School he cannot be considered under the category of direct recruits, the learned Writ Court dismissed the writ petition holding that, "any improvement in the claim of the petitioner at this stage would not only be contrary to the requirement of the advertisement and prescribed application form which he consciously filled, but also in teeth of the observation made in his case earlier by the learned Single Judge".

(2.) Reiterating the stand taken in earlier writ proceedings that the petitioner is entitled for appointment on the post of Post-Graduate Trained Teacher under unreserved category in direct recruits quota, the instant Letters Patent Appeal has been filed.

(3.) Advertisement No. 117/2011 was issued by the Jharkhand Academic Council for appointment of teachers in +2 High Schools district-wise, category-wise and subject-wise. Advertisement gives subject code, reserve category code and divisional codes. The prescribed proforma for the application also contained subject code, centre code, category code and subject name. The petitioner applied for the post of teacher in Economics, for which total number of vacancy was 230 out of which 115 posts were under unreserved category. Before the Writ Court, the respondents referring to the provision for appointment on 50% seats by direct recruits and 50% seats from the Graduate Trained Teachers of Government Secondary (High) Schools contended that the petitioner, who was employed in an upgraded Middle School and had filled up column 12 of the application form in affirmative, cannot claim appointment under the direct recruits quota.