Writ petition filed by a candidate seeking appointment as Assistant Teacher in English. Court dismissed the petition as petitioner secured only 39% marks in the subject, failing to meet the mandatory 45% qualification under Clause Kha(1) of the advertisement.
No relief granted. Writ petition dismissed as petitioner failed to qualify.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1412 of 2015
Anjana Singh, W/o Surendra Yadav, R/o Village-Bhandra, P.O & P.S.Bhandra, Dist.-Lohardaga, Jharkhand …… Petitioner
Versus
1.The State of Jharkhand through the Principal Secretary, Department of Human Resources Development, Govt. of Jharkhand, At Project Building, P.O & P.S.-Dhurwa, Dist.-Ranchi 2.The Director (Secondary Education), Department of Human Resources Development, Govt. of Jharkhand, At Project Building P.O & P.S.-Dhurwa, Dist.-Ranchi
3.The Secretary, Jharkhand Academic Council, At Bargawan, P.O & P.S.-Namkom, Dist.-Ranchi, Jharkhand 4.The Examination Controller, Jharkhand Academic Council, At Bargawan, P.O & P.S.-Namkom, Dist.-Ranchi, Jharkhand
…… Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Subham Mishra, Advocate For the Respondent-JAC : Mr. Anil Kumar, Sr. Advocate For the Respondent-State : Mr. Ajay Shankar, AC to G.P.-1 ---------
03/Dated: 23/01/2020
Heard Mr. Subham Mishra, learned counsel for the petitioner and Mr. Anil Kumar, learned Senior counsel appearing for the Jharkhand Academic Council and Mr. Ajay Shankar, learned counsel appearing for the respondent-State.
Petitioner has preferred this writ petition for seeking direction upon the respondent to take corrective measures and to publish the result of petitioner pursuant to advertisement No. 93/2011 issued by Jharkhand Academic Council.
Mr. Subham Mishra, learned counsel appearing for the petitioner submits that pursuant to that advertisement, petitioner has applied for the post of Assistant Teacher in the subject of English. He further submits that initially the name of the petitioner was reflected as successful candidate and subsequently the name of the petitioner has been cancelled. He further submits that in view of Clause Kha(1) of the advertisement, it transpires that the candidates required to have minimum 45% marks in graduation and the petitioner is having the marks and that is why at the first
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instance, petitioner was declared successful, but later on candidature of the petitioner was cancelled.
Per contra, Mr. Anil Kumar, learned senior counsel appearing for the respondent-JAC submits that Clause Kha(1) clearly stipulates that the person who has applied for particular subject he needs to have 45% of mark in that subject. He further submits that certain error was found after publication of the first result on the State level and pursuant to that it was again reaccessed and found that the petitioner was wrongfully declared successful as she was not having 45% mark in English subject.
This Court has perused the Clause Kha(1) and finds that successful candidate required 45% mark in the subject for which application is made.
In view of Clause Kha(1), and looking into the mark sheet which has been annexed with the writ petition at page 19, it transpires that the petitioner having got only 39% mark in English subject. In that view of the matter no relief can be extended to the petitioner. Accordingly, this writ petition stands dismissed.
(Sanjay Kumar Dwivedi, J.)
Satayendra/
2 issues framed by the court
Whether the petitioner is entitled to be appointed as Assistant Teacher in English subject having obtained 39% marks when advertisement requires 45% qualification.
Whether the cancellation of the petitioner's candidature after initial declaration was lawful.
Anjana Singh
State of Jharkhand through the Principal Secretary, Department of Human Resources Development
Director (Secondary Education), Department of Human Resources Development
Secretary, Jharkhand Academic Council
Examination Controller, Jharkhand Academic Council
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
