CHANDAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner was selected for appointment on the post of Assistant Teacher under S.C. category, however, he was not appointed on the ground that he failed to produce "Residential certificate for Employment" in proper format. He is aggrieved by order dated 05.11.2015 whereby, the District Education Officer, Dhanbad has rejected his claim for appointment.

(2.) Mr. R.S. Mazumdar, the learned Senior counsel for the petitioner submits that before the last date for joining the petitioner produced the "Residential certificate for Employment" issued by the competent authority still, the District Education Officer, Dhanbad declined to accept his joining. It is contended that a candidate must be a permanent resident of the State of Jharkhand is a mandatory condition for grant of reservation benefits but non-production of a "Residential certificate for Employment" cannot be a ground for refusing appointment to a duly qualified selected candidate.

(3.) Mr. L.C. N. Shahdeo, the learned G.P. IV, supporting the impugned order dated 05.11.2015, submits that the selected candidates are required to furnish original certificates at the time of counselling and if this stipulation is not adhered scrupulously, it would lead to an unending process which must be avoided. The learned State counsel contends that the Residential certificate submitted by the petitioner was not in proper format and in fact, it was issued for educational purposes, on the basis of which he cannot be accepted as a permanent resident of the State of Jharkhand.