UDAY PRASAD AND ORS. Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-9-25
HIGH COURT OF JHARKHAND
Decided on September 29,2015

Uday Prasad And Ors. Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Virender Singh, C.J. - (1.) CHALLENGE herein is the judgment dt. 19.05.2015 passed in W.P.S No. 1225 of 2015 whereby the writ petitions filed by the appellants for direction upon the respondents to appoint them to the post of Assistant Trained Teachers in the New Upgraded Secondary School of the State of Jharkhand in view of the selection list published on 24.10.2014, has been dismissed.
(2.) BOTH the appeals are arising out of a common judgment and involve same issues, hence they are being decided by this common judgment. Facts giving rise to filing of these appeals are that pursuant to an Advertisement No. 93/2011 published on 12.10.2011 for filling up the post of teachers in New Upgraded Secondary Schools in the State of Jharkhand the appellants herein who were the students of B. Ed Course in the recognized Institution and University in Session 2011 -12/Session 2010 -12 applied and appeared in the examination for appointment on the post of teachers. Thereafter, the Secretary, Jharkhand Academic Council (in short J.A.C) issued Advertisement No. 54 of 2014 on 07.09.2014 directing therein that the candidates who took part in the examination for appointment on the post of B.Ed. Trained Teachers are required to submit their certificate/result with speed post/registered post up -to 22.09.2014 at 5.00 pm at Jharkhand Academic Council otherwise their candidature shall be cancelled. The appellants submitted their certificates and mark -sheets within the stipulated time and the final selection list of successful candidates was published on 24.10.2014 wherein the name of the appellants was also included. Further the Secretary, JAC issued Advertisement No. 75 of 2014 dt. 15.11.2014 directing all the candidates whose results were kept pending, to send their eligibility certificate relating to qualification. Again by Advertisement No. 78 of 2014 dt. 25.11.2014 the regional language candidates/scheduled tribe language candidates, who had not appeared for execution of examination result dt. 25.11.2014, were directed to appear with required documents at J.A.C, Ranchi on 27.11.2014. On 20.01.2015 the Secretary, J.A.C came with an Advertisement No. 04/2015 stating therein that some defects appeared in the appointment of Assistant Teachers in New Upgraded Secondary School in the State of Jharkhand and for removal of said defects the candidates whose roll numbers were given had been directed to appear on the prescribed dates with all documents relating to educational qualifications from 27.01.2015 to 30.01.2015 otherwise their candidature shall not be considered. The appellants appeared in the office of J.A.C and filled up the application form and thereafter, the Secretary, JAC published the revised selection list on 18.03.2015 but their names were deleted from the said list.
(3.) THE appellants, thereafter, filed writ being W.P.S No. 1225 of 2015 which was heard with W.P.S No. 1770 of 2015 and dismissed on 19.05.2015 by holding that since the petitioners admittedly were not candidates who had completed B. Ed course by cut -off date 25.11.2011 as prescribed under the relevant clause 3(Ga)(ii) under Adv. No. 93/2011, the action of the JAC in not including their names in the results published on 18.03.2015 cannot be found fault with.;


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