KAMAKHYA NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for a direction on the respondents to issue appointment letters to the petitioners as they were declared successful by Jharkhand Public Service Commission (JPSC for short) and their names were recommended for appointment to the posts of Primary Trained Teacher. Thereafter, the petitioners were waiting for letter of appointment, but neither the letter of appointment has been issued nor any reason has been assigned for not issuing the letter of appointment to them.

(2.) IT has been submitted that an advertisement was published in daily newspaper 'HINDUSTAN' on 29.8,2002 for appointment of 9223 Primary Trained Teachers in different districts of the State of Jharkhand. The petitioners applied for the same and the admit cards were issued by the JPSC. They appeared in the test and were selected. Their names along with other eligible candidates were recommended by JPSC. It has been stated that the other candidates have been appointed, but no appointment letter has been issued to the petitioners. It has been stated that they are graduate and completed the training from R.G. Polytechnic, Delhi in the year 1990 and are eligible for the posts in all respect. Considering the same and also in view of the fact that they have been selected in the test, their names have been recommended for appointment by JPSC and there is no reason for not issuing appointment letter to them. It has been submitted that Ataul Ansari and Ansarul Ansari, who took training from the same Institute, have already been appointed. A counter -affidavit has been filed on behalf of the respondents stating, inter alia, that the Institution of the petitioners is not recognized. It has been stated that the petitioners have passed teachers training examination from R.G. Polytechnic, Delhi, which is not a recognized Institute by the State Government and U.G.C. So, in the light of direction contained in Memo No. 404 dated 16.2.2004, appointment letters have not been issued to the petitioner.

(3.) LEARNED Counsel for the petitioners submitted that they were ready to furnish the required certificate, but the said question was never raised by anybody at any level. Now, for the first time, the said stand has been taken in the counter -affidavit. Learned Counsel submitted that the petitioners' certificates come within the provision of paragraph Gha' of Memo No.404 dated 16.2,2004 as they have completed the teachers training from R.S. Polytechnic Delhi which is a recognized Institute and the said certificates, which are recognized by NCRT as well as Government of Andhra Pradesh, are valid. There is, thus, no valid ground to deny issuance of appointment letter to them. It has been submitted that though the reason for not issuing the appointment letter to the petitioner has been given in the counter -affidavit, the same was not communicated to the petitioners earlier. However, the petitioners are still ready to furnish the required affidavit.