MAHENDRA PRASAD NIRALA Vs. STATE OF JHARKHAND THROUGH ITS SECRETARY/PRINCIPAL
LAWS(JHAR)-2018-4-90
HIGH COURT OF JHARKHAND
Decided on April 02,2018

Mahendra Prasad Nirala Appellant
VERSUS
State Of Jharkhand Through Its Secretary/Principal Respondents

JUDGEMENT

S.N. Pathak, J. - (1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to consider his case for appointment to the post of Trained Graduate Teacher in the district of Bokaro.
(2.) The petitioner is a Post- Graduate in Hindi and pursuant to Advertisement No.02/2015-16 issued by the Office of District Superintendent of Education, Bokaro for appointment to the post of Trained Graduate Teacher for Class VI to VIII in the elementary schools, the petitioner having requisite qualification, applied for the same. Thereafter, a merit list was prepared by the office of Superintendent of Education, Bokaro and in 9th Counseling, the name of the petitioner appeared at serial No. 3 in the category of para-Teacher(BC), the petitioner asked to submit all the original certificates for verification which was duly submitted by him on 18.12.2015, but the case of the petitioner was not considered for appointment rather no offer of appointment was issued to him. Aggrieved by the same, the petitioner preferred representations before the respondents, but the same was not considered. Therefore, the petitioner has been constrained to knock the door of this Court for redressal of his grievances.
(3.) Mr. Manoj Tandon, learned counsel appearing on behalf of the petitioner very fairly submits that earlier when the case was taken up, this Court had directed the respondents to come out with a specific affidavit that what percentage of marks was obtained by the last selected candidate and whether the case of the petitioner falls within the zone of consideration or not. Pursuant thereto, the respondents have filed an affidavit. Admittedly, last selected candidate has obtained 58.99 per cent marks and the petitioner has obtained 58.1 per cent marks and as such, rightly the case of the petitioner was not considered but as one post is still vacant and the case of the petitioner ought to have been considered for appointment as no other candidates have approached neither this Court nor the respondents for consideration of their cases. Learned counsel further submits that suffice it would be if a direction is given to the respondents to consider the case of the petitioner in accordance with law and if the petitioner is found entitled for the same, letter of appointment be issued in his favour.;


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