- (1.) Heard counsel for the parties. These petitioners have come before this Court being aggrieved that despite being declared successful by the JPSC in the Primary Trained Teachers' Recruitment Examination, 2002 under Pakur district for appointment to the post of Primary Trained Teachers, appointment letters have not been issued to them on the ground that they had not passed the Teachers' Training Examination on the last date of submission of the application.
(2.) When the matter was taken up on 14.1.2013, learned counsel for the petitioner relied upon the judgment delivered by the Full Bench of this Court in the case of Md. Sajjad & Others vs. The State of Jharkhand & Others, 2008 4 JLJR 184. For better appreciation of the contention of the petitioner, the order dated 14.1.2013 is quoted hereinbelow:-- These petitioners have come before this court being aggrieved that despite being declared successful by the JPSC in the Primary Trained Teachers' Recruitment Examination, 2002 under Pakur district for appointment to the post of Primary Trained Teachers, appointment letters have not been issued to them on the ground that they had not passed the Teachers' Training Examination on the last date of the submission of the application. 2. According to the learned counsel for the petitioner, all these petitioners had undergone two years teachers training course in different recognized colleges by 2002 itself before the last date of the submission of the application, but on account of non-holding of the examination by the respondent authorities and the colleges in question, results of the B.Ed. examination could not be declared at the time of filing of their respective applications. Respondent authorities had refused to grant them appointment letters pursuant to the direction of the Commissioner-cum-Secretary, Human Resources Development, Government of Jharkhand on 21st May, 2004, even though, they had subsequently been declared passed. Counsel for the petitioners however submits that the very question relating to the appointment of Primary Trained Teachers in the said examination conducted by the JPSC in the year 2002, was considered by the Full Bench of this court while delivering judgment in the case of Md. Sajjad & Others vs. The State of Jharkhand & Others, 2008 4 JLJR 184 and the issue now stands squarely decided. These petitioners therefore are entitled for similar consideration like those petitioners in respect of whom judgment was delivered by the Full Bench of this court as the petitioners of those cases like the present petitioners had also not passed the teachers training examination by the last date of the submission of their respective applications, but results were subsequently declared. It is further submitted that those petitioners have been granted appointment by the respondent State. Counsel for the respondent JPSC however submits that those petitioners have been granted appointment with stipulation that their appointments would be subject to the outcome of the Special Leave Petition pending before the Hon'ble Supreme Court of India. 3. In the light of the aforesaid subsequent developments, respondent State Counsel is allowed time to seeking instruction from the concerned respondent authorities and file supplementary counter affidavit as earlier affidavit has been filed in March 2006 itself before passing of the Full Bench judgment by this court. Accordingly, on the request of the counsel for the respondent State, list the case after three weeks. Let a copy of the order be handed over to the counsel for the respondent State.
(3.) Pursuant, to the last order as indicated hereinabove, the respondents have filed supplementary counter affidavit sworn by the District Superintendent of Education, Pakur, respondent no. 4. The counsel for the respondent-State submits that the respondents are inclined to consider the claim of each of these petitioners in the light of the Full Bench judgment rendered by this Court in the case of Md. Sajjad & Others by putting the entire matter before the District Education Establishment Committee, Pakur for which adjournment for four weeks is being sought.;