AMAN SINKU Vs. STATE OF JHARKHAND
LAWS(JHAR)-2003-11-51
HIGH COURT OF JHARKHAND
Decided on November 05,2003

Aman Sinku Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD counsel at length.
(2.) WE are not satisfied that any interference is necessary with the decision of the learned Single Judge. First of all. we find that no effective relief can be granted to the appellants in the absence of the particular training institute being impleaded in the writ petition. Secondly, we find that the stand adopted by the respondents was fully justified, since admittedly, the appellants did not have the requisite qualification for becoming commercial pilots, namely, 10+2 with Physics, Chemistry and Mathematics. Here admittedly the appellants did not study mathematics. The programme was to train tribal youths of the State as commercial pilots. It clearly shows that for becoming a commercial pilot one has to have 10+2 qualification with physics and mathematics. In other words physics and mathematics are compulsory. Since the appellants, admittedly, did not have the requisite qualification for becoming commercial pilots, it appears that the Tribal Welfare Commissioner rightly withdrew them from the training programme for commercial pilots. Learned counsel for the appellants argued that Annexure I, the notification only showed the qualification as 10+2 or equivalent examination in Science subjects, and mathematics is not shown as required. That may be so. But the fact remains that going by the relevant rules referred to by the authority, for becoming a commercial pilot, one has to have the qualification of 10+2 with mathematics and physics. All that can be said is that the office of the Tribal Welfare Commissioner, while issuing notifications of this nature, should have specified that the intending candidate should have 10+2 with physics and mathematics. The fact that the same was not specified in the notification cannot confer a right on the appellants to seek the commercial pilots ' licence without having the qualification prescribed therefor. It is also seen that going by the Rules of 1935, the educational qualification required for a commercial pilots ' licence is 10+2 with physics and mathematics.
(3.) THE learned Single Judge has observed that the appellants may be offered training at the next programme, in case by that time, they acquire the qualification required. The appellants cannot have any complaint regarding this.;


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