DINESH KUMAR MAHTO Vs. STATE OF JHARKHAND : SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT (PRIMARY & MIDDLE EDUCATION), GOVERNMENT OF JHARKHAND
LAWS(JHAR)-2009-12-48
HIGH COURT OF JHARKHAND
Decided on December 02,2009

Dinesh Kumar Mahto Appellant
VERSUS
State Of Jharkhand : Secretary, Department Of Human Resource Development (Primary And Middle Education), Government Of Jharkhand, Ranchi : Deputy Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner in this writ application, has prayed for issuance of a direction upon the respondents to forthwith issue a letter of appointment to the petitioner on the post of Primary Trained Teacher in the district of Bokaro, in the light of the fact that the petitioner had successfully competed in the Recruitment Examination, 2003 conducted by the JPSC. Facts of the case in short is as follows: -The JPSC had invited applications from eligible candidates for appointment to the post of Primary Teacher from persons who had completed two years teacher's training course of B.Ed or Diploma in Education or C.P.E.D or D.P.E.D. The last date of submission of the application form was 30th September 2002. The petitioner's contention is that he had though completed B.Ed course, but had not appeared at the final examination on the date when he had submitted his application in response to the advertisement. B.Ed examination was finally held in the year 2003 and the results were published in the year 2004. The petitioner had nevertheless, applied in response to the advertisement and an admit card was issued to him to enable him to appear at the written examination conducted by the JPSC. He appeared at the examination and thereafter in the results published, he was declared successful. However, despite his being declared successful, he was refused the appointment letter on the ground that along with his application, he did not enclose the B.Ed certificate.
(3.) IN the counter -affidavit of the respondents, the same stand has been taken to refute the petitioner's claim namely, that in the advertisement, it was stipulated that the candidates should enclose the B.Ed certificate to their applications and this having not been done by the petitioner, he is not entitled to raise his claim for appointment.;


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