MUSRRAT NESHAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for conferring benefits of pension, membership of subscription to General Provident Fund and other benefits at par with her Juniors and equals in the merit list published by the JPSC through a written test for Primary Trained Teachers Recruitment Examination 2002 held in 2003 and merit list published and communicated to the respondents vide result published in newspaper dated 14/11/2003 recommending to the respondents for appointment of successful candidates as per the merit list published by JPSC. Further prayer has been made to confer presumptive appointment to

(2.) The petitioner with effect from the date i.e. 212003 on which juniors and equals in the merit list were given appointment to the post of Assistant Teachers ignoring the merit list published by the JPSC and also for a direction to the respondents to confer upon petitioner inter-se-seniority strictly on the basis of the merit list published by the JPSC and the petitioner be ranked senior to her juniors who have been given appointment prior to the petitioner.

(3.) The facts of the case in short is that the respondents have issued an advertisement for appointment of Primary Trained Teachers and invited applications from the interested candidates. Petitioner having requisite qualifications applied and appeared in the Exam which was held in the year 2003 and was declared successful, securing Rank- 18 (Backward) in the merit list published by the JPSC in the Dhanbad Division. Respondent No. 5 has called all the successful candidates in his office for verification of their educational documents, in response to which petitioner has appeared before respondent no. 5 and submitted photocopies of all of her educational documents on 22.11.200 Thereafter, the respondent no. 5 has published the first appointment letter dated 22.12.2003 in which appointment was given to 211 candidates but petitioner was not given appointment in the first appointment letter, although in the same appointment letter the appointment was given to the those candidates who were below in rank from the petitioner. The petitioner made representation before the respondentauthorities, then a meeting was conducted and she has been assured that appointment will be given shortly and reason assigned by the respondent no. 5 that documents of petitioner was sent for verification and yet her educational documents have not been verified. The respondent no. 2 issued direction vide letter no. 404 dated 16/02/2004 that those candidates who have passed B. Ed. from the B.N. Mandal University, Magadh University, Kameshwar Singh Darbhanga Sanskrit University, MDU, Rohtak, Burdawan University, West Bengal and V.B.S, Purvanchal University, Jaunpur should be given appointment only after verification of their educational documents but in the first appointment letter, appointments have been given to the candidates of Magadh University without verification of their educational documents and same also reveals from the letter dated 22/03/2004 written by the Dist. Superintendent of Education, Dhanbad wherein request made by the Dist. Superintendent of Education, Dhanbad from the examination controller of Magadh University to verify educational documents of some of the candidates who have been given appointment without verification of their educational documents. Thereafter second and third appointment letters were issued from time to time in which appointment has been given to other candidates but petitioner was not given appointment. It is pertinent to mention here that the juniors to the petitioner as well as to the other candidates who have passed from the Magadh University but petitioner was not given appointment.