- (1.) This petition has been preferred with the following prayers: (I) For issuance of an appropriate writ(s)/rule(s)/order(s)/direction(s) commanding upon the respondents to consider the applications of the members of the petitioner association in the district of Sahebganj on the post of Para Teachers, who are possessing degree of Alim and Fazil from different Madrasas of the State of Jharkhand and the same is duly recognized by the Jharkhand Academic council and Ranchi University for the purpose of Admission as well as the same is also recognized vide Office Order No. 4236 dated 11.03.1977 by the State of Bihar for the purpose of Govt. jobs and appointments. (II) For issuance of an appropriate writ(s)/rule(s)/order(s)/direction(s) commanding upon the respondents to quash the Clause-5 of the Advertisement issued by Respondent Nos. 4 & 5 for selection of Para Teachers in the District of Sahebganj, Jharkhand as the same is against the policy of the State Government and is highly discriminating to the Members of the petitioner association. It is contended by the counsel for the petitioner that the two degree namely, (a) Alim and (b) Fazil, given by different madrasas of the State of Jharkhand should be duly recognized by the Jharkhand Academic Council (JAC) and Ranchi University for the purposes of the admission and it should also be recognized for the Government employment. It is also submitted by the counsel for the petitioner that the degree of Alim and Fazil are being awarded by different madrasas of the State of Jharkhand and these two degrees must be accepted for the Government employment also. Counsel appearing for the petitioner has also taken this Court to the circular issued by the erstwhile State of Bihar and pointed out that the degree of Alim is recognized for the admission purposes for further studies and therefore, these two degrees should also be accepted for Government employment.
(2.) We have heard the counsel appearing for the respondents who has submitted that this is a policy decision to be taken by the Government of Jharkhand and looking to the prayers made in this writ petition, there is no public interest involved. The petitioner has also challenged Clause-5 of the Advertisement issued by the Respondent Nos. 4 and 5 which is at Annexure-4 of the memo of this petition. It is submitted by the Additional Advocate General that this is not a public interest litigation at all. If there is any breach of any of the circular then the aggrieved party can approach the Court by way of the writ petition (Service) and therefore, the petition may not be entertained by this Court. The Additional Advocate General has also pointed out Section 22 of the University Grants Commission Act, 1956 and submitted that the degree can be awarded by the University established or incorporated by or under the Central Act, Provincial Act or the State Act etc. Several aspects are to be considered by the State of Jharkhand, such as about the Institution, about the teaching standards, about the faculty members, about the syllabus which is prescribed for the aforesaid two degrees namely, the teaching hours etc. and a policy decision has to be taken by the Government and therefore, this writ petition may not be entertained by this Court.
(3.) Having heard the counsel for both the sides and looking to the facts and reasons stated hereinbelow, we see no reason to entertain this writ petition for the following facts and reasons: (i) Looking to the memo of this petition and the counter-affidavits, it appears that no public interest is involved in this writ petition. Looking to the prayer in the writ petition, we find that Clause-5 of the Advertisement issued by the Respondent Nos. 4 and 5 which is at Annexure-4 to the memo of petition is under challenge on the ground that the same is against the policy of the State Government. This type of prayer cannot be entertained in the public interest litigation. If anybody is aggrieved, who is a candidate or who is an applicant for the post in question can challenge individually, the Clause No. 5 of the Advertisement and we find that such types of individual petitions are already pending before this Court. (ii) Looking to the prayers in this writ petition, it appears that the State of Jharkhand has to take a vital policy decision for granting Government employment to the degree holders of Alim and Fazil. It all would depend on several factors like the faculty members, the syllabus, the teaching hours, the teaching institutions etc. Nothing has been pointed out in this writ petition about the aforesaid aspect of the matter. (iii) Looking to Section 22 of the University Grants Commission Act, 1956, the degrees can be awarded by the University under the State Act or the Central Act and such other institutions which are approved. The degree of Alim and Fazil as per the current policy of the State Government are not sufficient for the Government employment. This Court is not sitting in appeal over the policy decision taken by the State Government. This Court cannot replace even by a better policy than what is in existence.;