Nishant Kumar Chandan Vs the State of Jharkhand through the Secretary Pr Secretary School Education and Literacy Deptt

----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner: Mr. Indrajit Sinha Ms. Aditee Dongrawat For the State: Mr. Aman Kumar, A.C to G.P-I For the JSSC: Mr. Sanjay Piprawall -----

¶10

HON’BLE MR. JUSTICE RAJESH SHANKAR

¶11

11/17.01.2024 The present writ petition has been filed for quashing the letter dated 07.02.2019 (Annexure-6 to the writ petition) issued by the respondent No.3 whereby the petitioner has been declared ineligible for the post of Trained Graduate Teacher (Physical Education) on the ground that he does not possess Bachelor Degree in ‘Arts/Science/Commerce’. Further prayer has been made for a declaration that Degree of Bachelor of Engineering (B.E) is equivalent to Bachelor Degree in ‘Science’ as well as for directing the respondents to appoint the petitioner against the post of Trained Graduate Teacher (TGT) in the subject ‘Physical Education’.

¶12

Learned counsel for the petitioner submits that the Jharkhand Staff Selection Commission (JSSC) issued Advertisement No. 21/2016 to conduct Combined Trained Graduate Teacher Competitive Examination, 2016 for appointment on the post of Trained Graduate Teachers in various subjects including the post of Trained Graduate Teacher (Physical Education) in Government Secondary Schools of all the districts situated within the State of Jharkhand. The minimum educational qualification for the post of Trained Graduate Teachers (Physical Education) was that a candidate must have Graduate Degree in ‘Arts/Science/Commerce’ with minimum 45%/40% marks and a recognized Degree in Physical Education.

¶13

2

¶14

It is further submitted that the petitioner obtained Bachelor of Engineering (B.E) Degree from Vinayaka Missions University, Salem, Tamil Nadu in Mechanical Engineering. He also obtained Bachelor of Physical Education (B.P.Ed.) Degree from Vinoba Bhave University, Hazaribagh in the year 2015. He applied for the post of Trained Graduate Teacher (Physical Education) pursuant to the said advertisement and was declared successful in the written test. Thereafter, he was called for document verification on 07.01.2019. He appeared for document verification and produced the certificates of Bachelor of Engineering Degree which was under the broad discipline of Graduate Degree in ‘Science’ as well as the Degree of B.P.Ed. However, the respondent No.3 vide impugned letter dated 07.02.2019 informed the petitioner that he was not found eligible for the post of Trained Graduate Teacher as he did not possess Graduate Degree in ‘Arts/Science/Commerce’ with 45% marks. The petitioner replied the said letter on 08.02.2019 stating that he possessed B.E. Degree with 62% marks as well as B.P.Ed. Degree with 88% marks and hence he was eligible in terms with the said advertisement. However, in the final result published on 18.04.2019, his roll number did not figure.

¶15

It is also submitted that B.E. is a course in which there is application of principles of science and technology. Moreover, the subjects of science are taught as part of the syllabus. Hence, it comes under the broad discipline of Graduate Degree in ‘Science’ which was the requisite qualification prescribed in the said advertisement. The petitioner is thus entitled for appointment on the post of Trained Graduate Teacher (Physical Education) pursuant to the said advertisement.

¶16

Learned counsel for the petitioner puts much reliance on the gazette notification dated 5^th July-11^th July, 2014 pertaining to specification of Degrees issued by the University Grants Commission with the approval of the Central Government and submits that B.E. is a recognized Degree of UGC which comes under the broad category of Graduate Degree in ‘Science’ as there is application of principles of science and technology in the said course.

¶17

3

¶18

Per-contra, learned counsel for the respondent-JSSC submits that the petitioner has submitted the Degree of Bachelor of Engineering (Mechanical) as a Graduation Degree in ‘Science’ which is not valid for appointment on the post of Trained Graduate Teacher (Physical Education) as per the terms and conditions of the said advertisement. Since the petitioner failed to submit his valid Bachelor Degree in ‘Arts/Science/Commerce’ as per the terms and conditions of the said advertisement, he was not recommended for appointment. It has been mentioned in Clause-3 of the said advertisement that before submitting the applications for the examination, the candidates must ensure that they fulfilled all the terms and conditions with respect to eligibility criteria of the advertised posts and permission to appear in the examination would completely be provisional.

¶19

It is further submitted that during document verification, the petitioner could not produce the certificate of Graduation Degree in ‘Arts/Science/Commerce’ as mandated in the said advertisement and hence there is no illegality in not recommending his candidature for appointment on the said post. After verification of documents, the JSSC had also made recommendation on 09.05.2019 for appointment of the successful candidates on the post of Trained Graduate Teacher (Physical Education) for DistrictHazaribagh. The selection process in terms with Advertisement No. 21/2016 for subject ‘Physical Education’ for District- Hazaribagh has already been completed. It is also submitted that laying down qualification for appointment is a policy matter of the State Government and deciding the equivalence of the Degree is also within the domain and power of the State Government.

¶20

Heard learned counsel for the parties and perused the relevant materials available on record. Thrust of the argument of learned counsel for the petitioner is that the petitioner is possessing B.E. Degree which comes under the broad discipline of Graduate Degree in ‘Science’ and as such the decision of the respondent No.3 that the petitioner is not possessing Bachelor Degree in ‘Arts/Science/Commerce’ is highly arbitrary.

¶21

4

¶22

To appreciate the rival contentions of learned counsel for the parties, I have perused the relevant materials available on record. The petitioner filled up the application form for appointment on the post of Trained Graduate Teacher in the subject ‘Physical Education’ under BC-II category and the eligibility criteria for the said post was Graduation Degree in ‘Arts/Science/Commerce’ from a recognized University of State Government or Central Government with minimum 45% marks and recognized Degree in ‘Physical Education’.

¶23

The petitioner possessed B.E. Degree as well as Degree of ‘Bachelor of Physical Education’ and at the time of document verification, the said Degrees were produced by him. However, a show cause notice dated 07.02.2019 was issued to him mentioning that he did not produce the Graduation Degree of ‘Arts/Science/Commerce’ and finally, vide important notice No. 3462 dated 17.05.2019, his candidature was cancelled stating that he failed to produce the educational eligibility certificate as per Para 4(Kh) of the said important notice. 11. On bare perusal of Para 4(Kh) of the said important notice, it appears that for the post of Trained Graduate Teacher (Physical Education) under BC-II category, the minimum educational qualification was Graduation Degree in ‘Arts/Science/Commerce’ from any recognized University of State Government or Central Government with minimum 45% marks as well as a recognized Degree of Physical Education.

¶24

It has also been contended by learned counsel for the petitioner that the respondents have adopted pick and choose method in the said appointment process. In support of the said contention, a list of recommended candidates against the posts of Trained Graduate Teacher (Physical Education) as provided by the District Education Officer-cum-Public Information Officer, Gumla has been annexed as Annexure-11 to the supplementary affidavit dated 19.12.2023 wherein at Sl. No. 9, the name of one Rajiv Ranjan Kumar finds place, who possessed Bachelor Degree of Hotel Management & Catering Technology. The said factual contention of the petitioner has not been denied by the respondents. Thus, it seems that Graduation Degree in

¶25

5

¶26

‘Arts//Science/Commerce’ has been taken as a broad discipline and any Degree which comes under the said broad discipline, has also been regarded as valid Graduation Degree for appointment on the post of Trained Graduate Teacher (Physical Education).

¶27

Learned counsel for the petitioner puts reliance on a judgment of this Court rendered in the case of Purnima Kumari Vs. The State of Jharkhand & Ors. [W.P.(S) No. 2466 of 2023] reported in 2023 SCC Online Jhar 2466 wherein this Court while referring the judgments of a co-ordinate Bench of this court rendered in the cases of Mukesh Ranjan Vs. The State of Jharkhand & Ors. [W.P.(S) No. 2715 of 2019] and Raj Dev Singh & Anr. Vs. The State of Jharkhand & Ors. [W.P.(S) No. 920 of 2019] , has held that ‘BBA’ Degree is to be treated as the Bachelor Degree in ‘Commerce’ and ‘BCA’ Degree is to be treated as Bachelor Degree in ‘Science’.

¶28

I have perused the gazette notification dated 5^th -11^th July, 2014 whereby University Grants Commission in exercise of the power conferred under subsection (3) of Section 22 of the University Grant Commissions Act, 1956, in supersession of all earlier gazette notifications pertaining to specification of Degrees, has specified the nomenclature of Degrees and B.E. Degree comes under the specified category of Engineering/Technology/Architecture/Design. The petitioner has however claimed that he has studied Mathematics, Physics and Chemistry as the subjects while pursuing B.E course and as such the B.E Degree comes under the broad discipline of Graduation Degree in ‘Science’. The said claim of the petitioner has not been controverted by the respondents.

¶29

The respondents have also not been able to justify as to why the Bachelor Degree in Hotel Management & Catering Technology has been treated as valid Graduation Degree for appointment on the post of Trained Graduate Teacher (Physical Education), however, the B.E. Degree of the petitioner has not been treated as requisite qualification. I thus find substance in the argument of learned counsel for the petitioner that the respondents have adopted pick

¶30

6

¶31

and choose method while selecting the candidates for appointment on the post of Trained Graduate Teacher (Physical Education).

¶32

Learned counsel for the respondent-JSSC has however relied upon a judgment rendered by a co-ordinate Bench of this Court in the case of Santosh Kumar Yadav & Anr. Vs. The State of Jharkhand & Ors. [W.P.(S) No. 4079 of 2018] along with other analogous cases. In the said cases, it has been held that the question of equivalence of educational qualification is not within the domain and jurisdiction of the Court under Article 226 or 227 of the Constitution of India, rather it has to be done by a body of academicians or an expert body qualified for that job.

¶33

I do not have any hesitation in accepting the said proposition laid down in the aforesaid cases, however, the said judgment is not applicable in the facts and circumstance of the present case as the respondents themselves, on the one hand, have treated the Degree of ‘Bachelor in Hotel Management and Catering Technology’ under the broad discipline of Graduation Degree in ‘Arts’ whereas they have failed to treat the B.E. Degree under the broad discipline of Graduation Degree in ‘Science’.

¶34

In view of the aforesaid discussions, the impugned letter dated 07.02.2019 issued by the respondent No.3 whereby the petitioner has been declared ineligible for appointment on the post of Trained Graduate Teacher in the subject ‘Physical Education’ (direct recruitment) pursuant to Advertisement No. 21/2016 on the ground that he does not have Graduation Degree in ‘Arts/Science/Commerce’, is hereby quashed. The respondent-JSSC is directed to consider the candidature of the petitioner for appointment on the said post keeping in view that he possesses the requisite qualification as per the said advertisement.

¶35

The present writ petition is, accordingly, allowed.

¶36

(RAJESH SHANKAR, J)

¶37

Satish/-

Nishant Kumar Chandan v. the State of Jharkhand through the Secretary Pr Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Nishant Kumar Chandan v. the State of Jharkhand through the Secretary Pr Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ranchi Nagar Nigam Karamchari Sangh through Its President Naresh Ram Vs the State of Jharkhand

Arjun Mahto Vs State of Jharkhand

Sitamuni Tudu Vs the State of Jharkhand

Uttam Kumar Bhandari Vs the State of Jharkhand through Its Secretary Pr Secretary Deptt of Labour Employment and Training

Purushottam Kumar Singh Vs the State of Jharkhand

Lilam Kumari Vs the State of Jharkhand through the Secretary Deptt of School Education and Literacy