SHASHI KANT MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner is an Assistant Teacher in Middle School, Nengtasai, Gamharia having been appointed on 3rd January, 2004. In respect of the present exercise for recruitment to the post of Graduate Trained Teacher under Advertisement no.21/2016 (Combined Graduate Trained Teacher Competitive Examination, 2016), petitioner has sought age relaxation as a one time measure. The Department of School Education and Literacy, Government of Jharkhand has notified the Jharkhand Government Secondary School Teaching and Non-Teaching Employees Recruitment and Service Conditions Rules, 2015 w.e.f. 1st March, 2016 as per the notification enclosed at Annexure-3. Chapter-6, Rule-9(I) lays down a quota of 25% for serving elementary school teachers who have completed five years of experience. Clause-(v) of the same Rules prescribes the age criteria which is as under:- <IMG>JUDGEMENT_109_LAWS(JHAR)3_2017.jpg</IMG>

(3.) The Advertisement No.21/2016 (Annexure-4) is in conformity with the rules and also prescribes age relaxation of five years to the serving elementary school teachers in the respective category i.e. General, Female/OBC for Schedule-I, Backward Class (Schedule-II) and OBC (Schedule-I), Backward Class (Schedule-II), Scheduled Caste and Scheduled Tribe (Male and Female). Petitioner contends that on account of the delay in holding examination after five years from the last Advertisement No.93/2011 candidates like the petitioner have been rendered ineligible on account of age alone. Therefore age relaxation has been prayed for. Reliance is placed on letter of Bihar Government (Annexure-7) and instructions of the Kendriya Vidyalaya Sangathan in matters relating to appointment to the Kendriya Vidyalayas (Annexure-6). Reliance is also placed on a judgment rendered by the Division Bench of this Court in the case of Bhola Nath Rajak and Ors. v. The State of Jharkhand and Ors. being W.P.(S) No.7526 of 2013 dated 16th January 2014 rendered in the matter of recruitment to Civil Judge (Junior Division) within the State.