Jharkhand High Court
Mahadeo Ram vs The State Of Jharkhand on 9 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 5071 of 2011
Mahadeo Ram S/o Sarju Ram Resident of village & PO-Badam P.S.
Barkagaon, District-Hazaribagh ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Human Resources Development Department, Govt.
of Jharkhand, Project Building, Dhurwa, PO and PS-Dhurwa,
District-Ranchi
3. The Director, Primary Education Human Resources Development
Department, Govt. of Jharkhand, Project Building, Dhurwa, PO
and PS-Dhurwa, District-Ranchi
4. Dy. Commissioner, Hazaribagh, PO and PS-Hazaribagh, District-
Hazaribagh
5. District Superintendent of Education, Chatra, PO & PS-
Hazaribagh, District-Hazaribagh ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Lalan Kumar Singh
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06/09.12.2022 Learned counsel for the petitioner is present.
2. This writ petition has been filed for the following reliefs:
"That the petitioner a member of Scheduled Caste, resident of
Hazaribagh District, a Matriculate from Bihar School Examination
Board, Graduate and Post Graduate (MA) from Ranchi University
and Teachers Training "Shiksha Visarad" from Hindi Sahitaya
Sammelan, Prayag, Allahabad, and further appeared in the final
Exam. of B.ed. in the delayed session 1997-98/ 1998-99, after
intervention of the Hon'ble Patna High Court was declared successful
1 in Teachers Recruitment Exam.2002-03 conducted by Jharkhand
Public Service Commission, prays for issuance of an appropriate writ,
order and direction to the respondents to issue letter of appointment
which has been declined orally on the ground that the petitioners'
Teachers Training Certificate namely "Shiksha Visarad" from Hindi
Sahitya Sammelan Prayag, Allahabad, ( an Institution of National
importance by Govt. of India and is a deemed University under
U.G.C. Act ), is not recognized by NCTE, though as a matter of fact
NCTE Act itself is not applicable in case of the degree of "Shiksha
Visarad" awarded by Hindi Sahitya Sammelan, Prayag, Allahabad as
has been held by the Appellate Authority of NCTE while deciding
appeal with respect to refusal of recognition of "Shiksha Visarad
degree of Hindi Sahitya Sammelan, Prayag, Allahabad wherein it has
also been observed that NCTE does not recognize the degree, it
recognizes only the Institutions imparting Teachers Training course in
Face to Face mode, whereas "Shikasha Visarad" degree awarded by
Hindi Sahitya Sammelan Prayag, Allahabad by way of distinct
education mode and further recently this Hon'ble Court in batch case
bearing W.P.S.No. 2102/2008 and several analogous writ application
has pleased to pass order dated 14.7.2011 directing the respondents
to issue letter of appointment within a period of four months to those
writ petitioners who are similarly situated to the petitioner and are
successful candidates of the same examination 2002-03 and it has
been further directed, not to insist for Teachers Training Certificate in
HO language from an Institute recognized by NCTE as this was not
condition in the advertisement made in the year 2002 and condition of
recognition of NCTE has been brought subsequent to the
advertisement by different letters.
3. Learned counsel for the petitioner submits that the case of the
petitioner is squarely covered against the petitioner vide judgment
passed by this court in W.P. (S) No. 5337 of 2011 and other analogous
cases decided on 05.01.2022 and also judgment passed by this court in
W.P. (S) No. 2827 of 2004 and other analogous cases which was
decided on 13.03.2014.
4. Considering the aforesaid submission, no relief as prayed for in
this writ petition can be granted to the petitioner. Accordingly, this
writ petition is hereby dismissed in terms of the aforesaid judgments.
5. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.)
Binit
