Jharkhand High Court
Shailesh vs State Of Jharkhand Through Its ... on 17 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 651 of 2015
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Shailesh, son of Sri Madan Mohan Singh, resident of Quarter No. 2-348,
Sector 2/D, PO: BS City, PS: City Thana, Bokaro Steel City, District Bokaro
... ... Appellant
Versus
1. State of Jharkhand through its Director, Secondary Education, Jharkhand ,
Ranchi, office at Telephone Bhawan, Dhurwa, PO: Dhurwa, PS:
Jagannathpur, District: Ranchi.
2. Secretary, Ministry of Human Resources Development Department,
Jharkhand, Ranchi PO: Dhurwa, PS: Dhurwa, Ranchi.
3. Chairman, Jharkhand Public Service Commission, Circular Road, PO &
PS Lalpur, District Ranchi
4. Secretary, Jharkhand Public Service Commission, Circular Road, PO & PS
Lalpur, District Ranchi
5. Examination Controller, Jharkhand Public Service Commission, Circular
Road, PO & PS Lalpur, District Ranchi ...... Respondents
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PRESENT
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Anil Kumar Singh, Advocate
For the State : Mr. Sreenu Garapati, SC-III
For the JPSC : Mr. Sanjay Piprawall, Advocate;
Mr. Prince Kumar, Advocate
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JUDGMENT
17th March 2023
Per, Shree Chandrashekhar,J.
The appellant who was an applicant under "low vision"
category for appointment on the post of teacher in History is aggrieved of the
order dated 2nd September 2015 passed in WP(S) No. 4946 of 2010.
2. In WP(S) No. 4946 of 2010, the appellant has made the
following prayers:
"(i) For issuance of an appropriate writ in the nature of Mandamus
commanding upon the respondents to appoint the petitioner in the
post of Teacher in History subject of Government High School,
Jharkhand in pursuance to the Advertisement No. 12/08 of
Jharkhand Public Service Commission, Ranchi as the petitioner
belonged to Handicapped quota and despite the fact as seat
remained vacant in the said quota and still the petitioner has not
been appointed in the said post;
(ii) For directing the respondents to consider the case of the
petitioner for his appointment as a teacher in Government High
school in the subject of History since the petitioner apart from
reserved category in Handicapped quota also secured the cut off
marks of selection for qualifying out of total marks;
(iii) For directing the respondents to dispose of the representation
of the petitioner which is still pending by passing a reasoned order
considering the claim of the petitioner for his appointment as a
teacher in History subject in pursuance to the Advertisement No.
12/08 of Jharkhand Public Service Commission, Ranchi;
(iv) For any other appropriate writ/order/direction as this Hon'ble
Court may deem fit and proper for conscionable Justice to the
petitioner."
3. Briefly stated, Advertisement No. 12 of 2008 was published by
the Jharkhand Public Service Commission (in short, 'JPSC') inviting
applications for appointment on the post of 124 teachers in History. The
appellant made an application seeking appointment under physically
handicapped quota as per the Rights of Persons with Disabilities Act, 2016 -
he is a visually impaired person. In the written examination, which was
conducted on 9th August 2009, the appellant secured 160 marks. However, he
was not offered appointment on the post of History teacher and that was the
reason he approached the writ Court in WP(S) No. 4946 of 2010.
4. According to the appellant, the number of seats under the
physically handicapped category was 3.72, which was required to be rounded
off for 4 posts. However, the JPSC offered appointment to 3 persons and
thereby violated the mandate under the Rights of Persons with Disabilities
Act, 2016 and did not offer appointment to the appellant.
5. On behalf of the appellant, two-fold contentions have been made
viz. (i) by issuing corrigendum on 16 th July 2008 by which the last date of
making application was extended till 14 th August 2008, the JPSC has acted in
violation of Clause 8(2) of the Advertisement No. 12 of 2008 and (ii) denial
of appointment to the appellant on the ground that there is another candidate
who has secured more marks than him is against the well-known principle in
law that he who has failed to approach the Court cannot seek parity or a
similar benefit. In support of this submission, the learned counsel for the
appellant has referred to an order dated 11 th October 1991 passed by the
Hon'ble Supreme Court of India in "Ashok alias Somanna Gowda and
another v. State of Karnataka by its Chief Secy. and others".
6. In our opinion, the aforesaid submissions made on behalf of the
appellant cannot be accepted. In the first place, the grievance of the appellant
against extension of the last date of making application is wholly
unreasonable and against the public interest. No applicant can say that the
last date of making application must not be extended in any eventuality. This
submission made on behalf of the appellant is reflection of his desperation on
account of his failing to secure appointment under 3% quota for physically
handicapped person under the Rights of Persons with Disabilities Act, 2016.
7. Insofar as the submission made on behalf of the appellant that he
was the one who approached the Court and, therefore, should have been
offered appointment ignoring any other candidate higher in position than him
is also against the public interest. The writ Court while exercising the powers
under Article 226 of the Constitution of India is required to examine every
aspect of the matter including whether relief granted to the applicant would
be in furtherance of the public interest or would cause harm to others. A
candidate merely by approaching the Court in time cannot lay a claim in law
that he must be offered appointment ignoring any other candidate higher in
the merit list.
8. While so, we do not find any merit in the present Letters Patent
Appeal and, accordingly, LPA No. 651 of 2015 is dismissed.
9. IA No. 2101 of 2023 is disposed of.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Jharkhand High Court, Ranchi
Dated:17th March 2023
SB/Nibha-NAFR
