S.N.PATHAK,J. - (1.) It has been submitted by the learned counsel for the petitioner that he is not relying on page-38 Annexure-2 at present. As defects are pointed out, relying on page-38 and 39 is ignored for present.
(2.) The petitioner has approached this court with a prayer for conferring benefits of pension, membership of subscription to General Provident Fund and other benefits at par with their Juniors and equals in the merit list published by the JPSC through a written test for Primary Trained Teachers Recruitment Examination 2002 held in 2003 and merit list published and communicated to the respondents vide result published in newspaper dated 14/11/2003 recommending to the respondents for appointment of successful candidates as per the merit list published by JPSC. Further prayer has been made to confer presumptive appointment to the petitioners with effect from the date i.e. 22.12.2003 on which juniors and equals in the merit list were given appointment in the post of Assistant Teachers ignoring the merit list published by the JPSC and also for a direction to the respondents to confer upon petitioners inter-se-seniority strictly on the basis of the merit list published by the JPSC and the petitioners be ranked senior to their juniors who have been given appointment prior to the petitioner. Factual Matrix:
(3.) The respondents have issued an advertisement for appointment of Primary Trained Teachers and invited application from the interested candidates. Petitioners having requisite qualifications appeared in the Exam which was held in the year 2003 and were declared successful, petitioner No. 1 securing Rank-33 (ST) and petitioner No. 2, Rank-17 (ST) in the merit list published by the JPSC in the Dhanbad Division. Respondent No. 5 has called all the successful candidates in his office for verification of their educational documents and petitioners have appeared before respondent No. 5 and submitted photocopy of all of their educational documents on 22.11.2003. The respondent No. 5 has published the first appointment letter dated 22.12.2003 in which appointment was given to 211 candidates but petitioners were given appointment in the first appointment letter, although in the same appointment letter the appointment was given to the those candidates who were below in rank from the petitioners. The petitioners made representation before the respondent authorities, then a meeting was conducted and they have been assured that appointment will be given shortly and reason assigned by the respondent No. 5 that documents of petitioners were sent for verification and yet their educational documents have been verified. The respondent No. 2 issued direction vide letter No. 404 dated 16/02/2004 that those candidates who have passed B.Ed from the B.N. Mandal University, Magadh University, Kameshwar Singh Darbhanga Sanskrit University, MDU, Rohtak, Burdawan University, West Bengal and V.B.S, Purvanchal University, Jaunpur should be given appointment only after verification of their educational documents but in the first appointment letter, appointments have been given to the candidate of Magadh University without verification of their educational documents and same also reveals from the letter dated 22/03/2004 written by the Dist. Superintendent of Education, Dhanbad wherein request made by the Dist. Superintendent of Education, Dhanbad from the examination controller of Magadh University to verify educational documents of some of the candidates who have been given appointment without verification of their educational documents. Thereafter second and third appointment letters were issued from time to time in which appointment has been given to other candidates but petitioners were given appointment. It is pertinent to the juniors to the petitioners as well as to the other candidates who have passed from the Magadh University but petitioners were given appointment.;