R.BANUMATHI, J. - (1.) THE present review is filed to review the order dated 8.3.2013 passed in LPA No.47/2013 on the ground of subsequent discovery of new and identical facts concerning the case of the review -petitioner.
(2.) BRIEF facts which led to filing of this review petition are as follows: - The Jharkhand Public Service Commission (JPSC) issued an advertisement, vide Advertisement No.05/2007, on 20.4.2007 inviting applications from the eligible candidates for the post of Primary Trained Teachers and on 21.9.2007, JPSC issued an amended advertisement informing that the candidates, who were about to appear in the final examination of their Teachers Training course or waiting for results, were also eligible for appearing in the examination to be held by the JPSC for the post of Primary Trained Teacher. JPSC issued another advertisement on 24.10.2007, whereby the Para -Teachers, who were pursuing Diploma in Primary Education (DPE) course from the Indira Gandhi National Open University (IGNOU), New Delhi and who were about to appear in the final examination of DPE course or waiting for the result of the said course, were also made eligible for appearing in the examination of the Primary Trained Teachers and the last date of submission of form was extended till 2.11.2007. The review petitioner applied for the said post and appeared in the examination held on 10.8.2008 and was declared successful but the result was kept pending for non -submission of his Training Certificate (DPE certificate). The review petitioner appeared for DPE examination in December 2008. On 30.5.2009, JPSC published the result in which the review petitioner was declared successful but his result was kept pending due to non -submission of training certificate. Case of the Review petitioner is that after publication of the result, the last date for submission of DPE certificate was fixed as 30.7.2009 and the petitioner submitted DPE certificate on 3.8.2009 in the office of the JPSC and inspite of submission of certificate of passing DPE examination, his case was not considered. The Review petitioner filed W.P(S) No.6071/2009, which was dismissed on 17.7.2012. Thereafter the review petitioner filed LPA No.47/2013 and the same was dismissed by the order dated 8.3.2013 holding that the decision rendered in the case of Md.Sajjad Ali v. State of Jharkhand and Ors. [2008 (4) JLJR 184] was not applicable. The Division Bench of this Court further held that in the said case of Md.Sajjad Ali [2008 (4) JLJR 184], the requirement was only of completion of the course of DPE and not of submission of certificate of passing the course and hence, the said case was not applicable to the facts of the case of the review petitioner. After dismissal of the appeal, the review petitioner made a representation to the Chairman, JPSC, on 12.4.2013 requesting to review the decision. The petitioner also made an application on 12.4.2013 to the Principal Secretary, Human Resources Department, Government of Jharkhand, for review of the decision. The petitioner seeks review of the order passed in LPA No.47/2013 on the ground that (i) the decision of the Full Bench rendered in the case of Md.Sajjad Ali [2008 (4) JLJR 184] was not properly considered and (ii) similarly placed candidates, who submitted the DPE certificate on 1.10.2009 long after the extended dated ­ 30.7.2009, were considered and appointed and only the case of the review petitioner was not considered for appointment. The respondent -JPSC filed a detailed counter, stating that at the time of conducting the written examination by JPSC on 10.8.2008, the review petitioner had not appeared in the examination of the Diploma in Primary Education and that the review petitioner had appeared in the said examination only in the month of December 2008, i.e. after 10.11.2008 and the DPE certificate was issued to him on 31.7.2009 and the review petitioner was not eligible for appointment, in view of the fact that he was not possessing the requisite qualification upto the last date, i.e. 10.11.2008, fixed by the JPSC for submission of DPE certificate/B.Ed. certificate.
(3.) WE have heard Mr.Binod Singh, learned counsel for the review petitioner, Mr.Ram Prakash Singh, learned JC to GP II and Mr.Sanjay Piprawal, learned counsel appearing for the respondent - JPSC.;