Citation : 2023 Latest Caselaw 4182 Jhar
Judgement Date : 7 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5012 of 2019
Nagendra Nath Parihari ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Shubham Mishra, Advocate For the Respondent-State : Mrs. Vandana Singh, Sr. SC-III For the Respondent-JSSC : Mr. Sanjoy Piprawall, Advocate Mr. Price Kumar, Advocate
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08/07.11.2023 The submission of learned counsel for the petitioner is
that that the petitioner applied for the post of Trained Graduate
Teacher (TGT) in the subject Maths and Physics with respect to the
district-Seraikella-Kharsawan pursuant to Advertisement No.
21/2016 and submitted caste certificate of BC-2 category as was
issued by the Sub-Divisional Officer, Seraikella-Kharsawan. The
name of the petitioner was also shortlisted while preparing the
merit-list of the said district, however, the appointment letter was
not issued to him on the ground that he had submitted caste
certificate of 'Teli' under BC-2 category on 01.12.2016, whereas as
per the respondent-JSSC, the said caste was under BC-1 category
with effect from 23.07.2015.
2. Learned counsel for the petitioner further submits that
since the respondent-JSSC is again preparing state-wise
merit-list of the candidates who have applied for the post of TGT in
view of the judgment rendered by Hon'ble Supreme Court in the
case of "Satyajit Kumar & Ors. Vs. The State of Jharkhand &
Ors." (2022 SCC OnLine SC 954), they may be directed to
apprise this Court as to what would be his position in the fresh
merit-list being prepared by it if the candidature of the petitioner is considered under BC-1 category.
3. Ordered accordingly.
4. Mr. Sanjoy Piprawall, learned counsel for the
respondent-JSSC, prays for four weeks' time to file counter affidavit
on the said issue.
5. Considering the said prayer, put up this case under the
heading "For Admission" on 11.12.2023.
6. In the meantime, the petitioner may approach the
respondent no. 6 - the Sub-Divisional Officer, Seraikella for
rectification of his caste status and issuance of appropriate caste
certificate in his favour.
(Rajesh Shankar, J.) Manish
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