SAPAN KUMAR DAN Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-6-94
HIGH COURT OF JHARKHAND
Decided on June 21,2013

Sapan Kumar Dan Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Petitioners have filed the present writ petition seeking the following reliefs: I. "For issuance of an appropriate writ, order, direction for quashing the order as contained in Memo No. GS (A-1508-17047/99) and Memo No. GS (A-700)V.C.O.-615/2000, issued under the signature of the respondent No. 7 whereby and whereunder the results of the successful candidates of the B.Ed. Examination has been cancelled. II. For the issuance of an appropriate writ, order, direction for quashing the order dated 4.6.2005 issued under the signature of Dy. Commissioner, Dumka and D.S.E., Dumka whereby and whereunder the representation filed on behalf of the petitioners in pursuant to the direction of this Hon'ble Court dated 21.4.2005, passed in W.P. (S) No. 1783/05. III. For the issuance of an appropriate writ, order, direction commanding upon the respondents to forthwith issue appointment letters in favour of the petitioners for the post of Primary Teacher with effect from 06.01.2004 on the ground that all the petitioners have been declared successful by the Jharkhand Public Service Commission, Ranchi. The brief facts of the case are that, an advertisement was issued by the Jharkhand Public Service Commission for filling up the vacant post of Primary Teachers. The petitioners appeared in the examination and they have been declared successful in the result which was published on 13.11.2003. However, the petitioners were denied appointment on the ground that the recognition of the institutes, from where the petitioners obtained B.Ed. degree, has been cancelled by the Chancellor by order dated 01.11.1999. The petitioners earlier also approached this court in W.P.(S) No. 1783 of 2005 which was disposed of by this Court giving opportunity to the petitioners to submit representation before the authorities. Pursuant to the order passed by this Court, the petitioners submitted their representation which has been rejected by order dated 04.06.2005 and therefore, the petitioners have approached this Court.
(2.) A counter-affidavit has been filed on behalf of Respondents, in which, a plea has been taken that B.Ed. degree which the petitioners possess is not a valid degree and in fact a criminal case was registered and thereafter, the Chancellor ordered for cancellation of degree awarded by the Institute. The petitioners were granted opportunity and a decision was taken by the authorities in the meeting of District Education Establishment Committee on 04 06.2005 and thereafter, the representation of the petitioners was rejected.
(3.) Heard counsel for both the parties and perused the documents on record.;


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