- (1.) THE respondent-State has filed a counter affidavit which has been sworn by Mr. Cyril Xaxa, Deputy Secretary, Department of Human Resources Development, Govt. of Jharkhand, Ranchi. In para.7 of the counter affidavit, he has stated as under: "7. That the Government of Bihar, has decided to grant U.G.C. Scale through letter no. 454 dated 29.5.1992 to the Librarian/Assistant Librarian/Physical Trained Instructor, if the employee fulfils the U.G.C. Norms which are as follows: - a) THE post holder must have two years post Graduate Degree in Physical education or Post Graduate degree in separate or any other degree equivalent to the above degree and academic records and the other experiences laid down by the University Grants Commission is also necessary."
(2.) THEREAFTER, this Court on 18.2.2011 directed that there is some discrepancy in between the U.G.C. Circular dated 15th December, 1982 on which the parties are relying in their respective contentions. There was a discrepancy with regard to qualification for the post of Physical Trained Instructor. Then the State was directed to explain the said fact. Instead of explaining the said controversy, a supplementary affidavit was filed by Meena Thakur stating that Mr.Xaxa has now retired, as such, she has taken over the charge of Deputy Secretary of the concerned Department in his place. She has further stated in para. 5 of the supplementary affidavit as under: - "5. That it is stated and submitted that as per letter dated 15.12.1982 from UGC the qualification prescribed for physical Trained Instructor is as follows: - A master decree in Physical Education (High 2nd Class) with diploma in sports coaching from a recognized institution. OR A master degree in Physical Education (High 2nd Class) with a record of having represented his University at the inter- university level/State in the National Championship Experience in organizing games and sports (as exemplified in handling of about half a dozen teams in a year in his institution and their participation in University/Inter-collegiate tournaments) and ability to encourage mass participation in games and sports." Thereafter a second supplementary affidavit was filed by the said deponent Meena Thakur, Deputy Secretary, clarifying the above discrepancies. She has stated in para.2 of this affidavit that the qualification for the post of Director as well as for the post of Physical Trained Instructor is that the person must possession the minimum qualification of the Post Graduate Diploma or certificate or degree in physical education. Thus, today the second supplementary affidavit clearly gives a different picture other than the first two affidavits. She has further stated that the said qualification is in consonance with the U.G.C. Circular. The learned counsel for the State also pointed out that she has also filed the reply to the show cause as to why the discrepancies with U.G.C. Guidelines was stated in the earlier affidavits. The deponent has again only reiterated the qualification which was stated in the counter affidavit filed by the then Deputy Secretary Mr. Cyril Xaxa. She has further elaborated in her supplementary affidavit that the candidate should possess Post Graduate Diploma or certificate or degree in physical education with a good second division marks. The said reply to the show cause did not contain as to how the mistake crept in para.5 of the supplementary affidavit sworn by deponent Meena Thakur. After some argument, learned counsel for the respondents wants time to file again a supplementary affidavit explaining the above paragraphs in his affidavit. Prayer is allowed. Post this matter on 30.3.2011.;