R.R. Prasad, J. - (1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the respondents.
(2.) PURSUANT to advertisement issued by the Jharkhand Public Service Commission in the year 2005 for appointment of Assistant Teacher in Primary School, the petitioner applied, took the examination and came out successful. He was placed at serial No. 62 in the general category. Thereupon, the petitioner was asked to submit original documents relating to his educational qualification which he submitted before the District Superintendent of Education on 23.8.2005 for its verification and necessary action. Upon submission of those testimonials, it was communicated orally to the petitioner that appointment letter would be sent later on his address wherein place of posting would be there but that was never communicated, though at several occasions, the petitioner made correspondences in this regard anxiously as other persons, who had been selected along with the petitioner had already given their joining. When no response was made, there was no option for the petitioner but to come to this Court by invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for a direction to the authority to appoint the petitioner on the post of Assistant Teacher in the Primary School. A counter affidavit has been filed on behalf of the respondent No. 4, District Superintendent of Education, Deoghar admitting therein that the petitioner, on being selected for appointment on the post of Assistant Teacher in Primary School, did submit original certificate on 25.8.2005 pursuant to letter No. 131 dated 16.8.2005. However, it has been stated that after verification of the document, petitioner was directed to join in the Primary School, Pathar, Madhupur, vide memo No. 1431 dated 6.10.2005 issued by the District Superintendent of Education, Deoghar. In spite of that, the petitioner did not join and now in terms of the Primary Teachers Appointment Rule, 2002, penal has lost its life after expiry of one year and as such, one cannot put forth any claim for his appointment on the said post.
(3.) IT does appear that when the stand was taken by the respondent in his counter affidavit that the petitioner had already been communicated with the letter asking him to join, respondent concerned was asked by this Court, vide its order dated 29.5.2010 to produce relevant register showing issuance of the letter to the petitioner, keeping in view the case of the petitioner that the petitioner had never been communicated about his appointment. Pursuant to that order, the District Superintendent of Education, Deoghar by appearing in person produced the relevant register but it was stated on his behalf that communication never seems to have been made to the petitioner with respect to his appointment and as such, no entry is there in the dispatch register.;