MUKESH KUMAR, SON OF LATE UMESH PRASAD SINGH, RESIDENT OF VILLAGE BALLOPUR, PO BELAHI, PS HALSI, DISTRICT LAKHISARAI, BIHAR Vs. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF JHARKHAND, PROJECT BUILDING, PO DHURWA, PS JAGANNATHPUR, DISTRICT RANCHI

JUDGEMENT

(1.) Alleging arbitrariness and high handedness of the respondent Director, Secondary Education, Human Resources Development Department, the petitioner seeks a direction upon the respondents to accept his joining on the post of Commerce Teacher in Rajasthan High School, Sahibganj.

(2.) Heard.

(3.) The learned counsel for the petitioner referring to letters dated 19.08.2012 and 13.10.2012 along with the medical certificate dated 04.09.2012 submits that the petitioner on account of his illness could not give his joining within the stipulated time and his representation submitted to the Director, Secondary Education was rejected without any valid reasons. It is submitted that the petitioner who successfully qualified the examination for appointment on the post of Commerce Teacher in +2 High Schools within the State of Jharkhand has a vested legal right to seek appointment. It is further contended that joining within a stipulated period cannot be said to be an essential condition of eligibility, on non-fulfilment of which a candidate can be denied appointment.