S.N. Pathak, J. - (1.) Prayer has been made to allow the petitioner to appear in Jharkhand Finance Service (Limited) Competitive Examination, which is scheduled to be held on 18th March, 2017, pursuant to Advertisement No. 10/2010, read with Press Communique, dated 07.02.2017 issued by Jharkhand Public Service Commission for appointment to the post of Commercial Tax Officer. It has been further prayed to confirm the services of the petitioner as he was appointed vide Office Order dated 06.02.1994 to the post of Assistant Teacher.
(2.) The factual exposition as has been delineated in the writ petition is that the petitioner was appointed vide Office Order contained in Memo No. 1547 dated 06.12.1994 on the post of Assistant Teacher. On the date of appointment, the petitioner was Post-Graduate with B.Ed. The petitioner joined the services on 09.12.1994 and since then, he has been continuing on the post of Assistant Teacher in the district of Bokaro and has served in one or other schools in the District of Bokaro. The petitioner is presently posted and working as Assistant Teacher in Primary School, Punarvas Harijan, Chas-1, Bokaro. It is the case of the petitioner that the service book of the petitioner was opened on 16.12.1994 and granted all usual increments time to time and after completion of 12 years of service, the petitioner was also granted promotion in Senior Scale Grade-2. The petitioner was having unblemished service career. Though the services of the petitioner was deemed to be confirmed but no formal order of confirmation was ever issued by the Competent Authority. The petitioner had completed almost 15 years of services as an Assistant Teacher, which is Class-III post.
(3.) An advertisement being Advertisement No. 10/2010 was floated by the Jharkhand Public Service Commission, published in daily Hindustan Times, Ranchi edition, Ranchi on 09.10.2010 for appointment to the post of Commercial Tax Officer through Limited Departmental Examination. As per this Advertisement, a candidate having Graduate or equivalent degree from a recognized University is entitled to participate, provided he is working for more than five years in Government Service on Class- III post. The petitioner having all the requisite qualification in pursuant to said advertisement, applied for the said post. The application of the petitioner was forwarded through proper channel to J.P.S.C and the same was received in the office of Jharkhand Public Service Commission on 25.11.2010. It is the specific case of the petitioner that Jharkhand Public Service Commission published a Press Communique, which was placed on the website of JPSC and as many as candidatures of 908 candidates were rejected, but the name of the petitioner does not find place in the said list of rejected candidates. It was assumed that the case of petitioner has been accepted for participating in the exams. Despite publication of the advertisement in the year, 2010, no examination was held for nearly 7 years, but recently a tentative calendar-2017 for examinations/interviews was uploaded on the website of JPSC. As per which the examination for Commercial Tax Officer (Limited ) Competitive Examination is scheduled to be held on 18.03.2017. The petitioner was hopeful for participating in the said examinations but recently, a Press Communique was issued by JPSC, in daily Prabhat Khabar on 7th February, 2017, whereby the candidates have been asked to submit the certified copy of the entries made in the service book, relating to confirmation of his/her services on or before 20.02.2017. It is further stipulated that the entries related to confirmation must have been made prior to cut-off date i.e. 01.04.2005. As there was no formal order of confirmation regarding the services of the petitioner, he wrote a representation to the District Superintendent of Education, Bokaro to do the needful in the matter of confirmation of service of the petitioner at the earliest.;