LAWS(JHAR)-2018-7-137

SHIVENDRA KUMAR Vs. STATE OF JHARKHAND

Decided On July 03, 2018
SHIVENDRA KUMAR Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Petitioner has approached this Court with a prayer for a direction to the respondents to consider the case of the petitioner for appointment to the post of Assistant Teacher (Class-I to V) as the petitioner has been duly selected for the district of Ramgarh but no appointment letter has been offered to him.

(3.) The facts of the case lies in a narrow compass. The petitioner had passed matriculation in the year 2001 and had secured 1st division with 64% marks and completed intermediate in the year 2003 and secured 2nd division with 46.11% and also passed teachers training exams in the session of 2009-2011 securing first division having 61.99% marks. Subsequent thereto, the petitioner passed TET Examination in the year 2013 and secured 67.33% marks. Petitioner has also completed graduation in the year 2009 having 49.99% marks. Subsequently, an advertisement being Advt. No. 1/2015 was floated by the Education Department for entire State of Jharkhand for district wise for appointment to the post of Assistant Teacher (Class I to V). As per the details of the advertisement, the persons who were appointed and working as Para Teacher were to be given weightage and his percentage were also fixed. Petitioner, being a para teacher, applied for the district of Pakur. The case of the petitioner was considered for Pakur district and he secured 59.37% marks in terms of the marks obtained in the academic qualification but he was not selected in the Pakur district. As the petitioner was not selected in the district of Pakur, he appeared in the Ramgarh district for the post of Assistant Teacher for imparting education to Class I to V. When, the case of the petitioner was not even considered in Ramgarh district, he made a representation on 25.01.2016 before the District Superintendent of Education, Ramgarh for considering his case but the same was not considered. The ground for non-consideration of the case of the petitioner was that his case has already been considered and he has been selected for the district of Pakur though petitioner was never selected in the district of Pakur and wrong information was given on the official website showing that petitioner was selected. It is the specific case of the petitioner that persons having lesser marks than the petitioner has been selected and offered letter of appointment but the petitioner has been illegally denied on the ground that earlier he was selected in the district of Pakur. As the petitioner comes within the zone of consideration for appointment, he made representation before the respondent-authorities for consideration of his case for appointment to the post of Assistant Teacher but the same was not considered and hence, the petitioner was constrained to move before this Court for redressal of his grievances.