S.J.MUKHOPADHAYA, J. - (1.) THIS case relates to appointment to the post of Primary Teacher in the State of Jharkhand. The petitioner, who claims to be eligible for appointment and has been declared successful in the written test, has prayed for direction on the respondents to appoint him to the post of Primary Teacher.
(2.) THE brief facts of the case, as pleaded by petitioner, is that the Jharkhand Public Service Commission (J.P. S.C. for short) published notice in the newspaper 'HINDUSTAN ' on 29th August, 2002 calling for application for appointment to the post of Primary Teacher under the State of Jharkhand. In pursuance of the said notice, the petitioner applied for his appointment and appeared in the written test held on 27th May, 2003. The list of successful candidates was published on 13th November, 2003. He was declared successful and his name was recommended for appointment as Primary Teacher in the District of Ranchi. The District Superintendent of Education, Ranchi, thereafter asked the successful candidates, including the petitioner, to appear in his office for verification of mark sheet, certificates etc. with two passport size photographs. The petitioner appeared before him on 6th January, 2004 and produced the relevant certificates and photographs. The grievance of the petitioner is that the respondents, thereafter, have not provided him with letter of appointment though others have been appointed and he produced the relevant certificates, including two years Teachers ' Training certificate granted by Bihar School Examination Board. According to petitioner, he studied and completed two years Teachers ' Training Course (Sessions 1985 -87) from one Maharshi Dayanand Primary Teachers Training College, Neturpahari (Dumka). The examination was held by the Bihar School Examination Board, which published the result on 16th March, 1992. He passed the examination with 1st Division.
(3.) COUNSEL for the State submitted that a candidate, who completed Teachers Training Course from unrecognized institution, cannot be appointed as Primary Teacher in the State. He placed reliance on Rule 2 (kha) of Rules, 2002, which reads as follows : "2. Definitions - xx xx xx (kha) "Trained" means those persons who have got and passed the following training from a recognized Training Institution - - (i) Two years Teachers Training, or ;