- (1.) HEARD counsel for the parties.
(2.) THE petitioner in the instant writ application has come with a prayer that the respondent Jharkhand Academic Council be directed to undertake the recruitment exercise for the post of Assistant Teachers in the newly up graded secondary schools in the State of Jharkhand, pursuant to the advertisement no. 5/2010 earlier issued by the Jharkhand Public Service Commission, in view of the decision of the State Government contained in Memo No. 2787 dated 27th October 2011 vide Annexure 5 issued under the signature of the Principal Secretary, Human Resources Development Department, Government of Jharkhand. The petitioner was the candidate under the Advertisement No. 5/2010 issued by the JPSC earlier for selection / appointment to the post of Assistant Teachers in newly up graded secondary schools in the State of Jharkhand. The State Government thereafter took a decision vide Annexure 5 on 27th October 2011 in view of the resolution no. 1470 dated 29th May 2011, whereby Jharkhand Academic Council has been authorized to conduct the recruitment exercise for selection / appointment of Assistant Teachers under the Jharkhand Rajkiyakrit Secondary School Service (Condition) Rules, 2004. Earlier, an indent was sent to the JPSC for carrying out recruitment exercise against 2513 vacant posts of Assistant Teachers in the newly up graded secondary schools. In view of the said decision of the State Government, the indent sent to the JPSC was being withdrawn and Jharkhand Academic Council, Ranchi was being authorized to conduct such an examination for recruitment of Assistant Teachers on 2513 number of vacant posts.
(3.) THE Advertisement No. 2/2010 was issued by the Jharkhand Public Service Commission which is Annexure 3 for recruitment of 2050 teachers in different subjects and Advertisement No. 5/2010 was issued for recruitment of 463 number of Assistant Teachers in different subjects in such schools. Adding 2050 with 463, it comes to 2513 number of posts which were indented to the JPSC for selection of such Assistant Teachers. These posts obviously were supposed to be filled up through examination conducted by the Jharkhand Academic Council. A candidate who had applied under the Advertisement No. 2/2010, approached this Court with a prayer to direct the respondents to hold special examination for appointment of Assistant Teachers in newly up graded secondary schools, on the plea that he had filled up the application forms in response to the said Advertisement No. 02/2010. In the said writ petition being WPC No. 442/2012, after considering the respective stand of the State of Jharkhand and the Jharkhand Academic Council as also the JPSC, following order was passed, which is quoted here under: "Considering the above and in view of the assurance given by the Director, Secondary Education, Human Resources Development Department, Government of Jharkhand respondent no. 2 before this Court, this writ petition is disposed of directing the said respondent to issue appropriate orders to JAC along with any other concerned authority for holding special examination for the candidates, who had applied through JPSC for appearing in the examination for appointment of Teachers in Newly Upgraded High Schools, within one week. After receipt of the order issued by the Director, Secondary Education, JAC shall hold special examination of the eligible candidates applied through JPSC and after completion of the said examination, shall get all the answer sheets evaluated in one process, without any discrimination, in order to maintain parity and uniformity and shall publish one result of all the successful candidates in order of merit in accordance with the select list." ;