Jharkhand High Court
Sebestiani Kujur vs The State Of Jharkhand Through The ... on 7 February, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3602 of 2019
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Sebestiani Kujur ... ... Petitioner
Versus
The State of Jharkhand through the Secretary, Department of
School Education and Literacy, Government of Jharkhand,
Ranchi & Ors. .... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Rahul Kumar, Advocate
For the Resp. - State : Ms. Sweta Shukla, AC to AAG-II
For the Resp.-JSSC : Mr. Sanjoy Piprawall, Advocate
Mr. Rakesh Ranjan, Advocate
Mr. Prince Kumar, Advocate
Order No. 11 Dated: 07.02.2024
The present writ petition has been filed for quashing
the Important Notice No. 2602 dated 15.02.2019 issued by the
Examination Controller, Jharkhand Staff Selection Commission
(the respondent no. 4) whereby the petitioner's candidature
under 'Scheduled Tribe' category has been rejected and has
been confined to be considered under 'Unreserved' category due
to non-submission of caste certificate.
2. Further prayer has been made for issuance of direction
upon the concerned respondents to recommend the petitioner's
name for appointment on the post of 'Trained Graduate Teacher'
in the 'Subject- Geography' for Gumla district as she has been
declared qualified in the Main Examination conducted by the
respondent-JSSC in the category of working teacher and has
already submitted her caste certificate.
3. Reference may be made to order dated 29.01.2024
which reads as under:
"Before proceeding further in the matter, Mr. Sanjoy
Piprawall, learned counsel for the respondent-JSSC is
directed to apprise this Court as to whether the
petitioner has come in the zone of consideration for
appointment in the concerned subject after preparation
of state-wise merit list in terms with the judgment
rendered by the Hon'ble Supreme Court in the case of
"Satyajit Kumar & Ors. Vs. State of Jharkhand & Ors.",
reported in 2022 SCC OnLine SC 954 read with the
orders passed by the Hon'ble Supreme Court in
Contempt Petition (Civil) No. 612 of 2022 (Soni Kumari
Vs. K. Ravi Kumar).
Put up this case under the heading "For Admission
(Fixed Cases)" on 7th February, 2024."
4. Pursuant to the aforesaid order, Mr. Sanjoy Piprawall,
learned counsel for the respondent-JSSC, produces a chart
containing the petitioner's details subsequent to preparation of
state wise merit list in terms with aforesaid judgment(s)/
order(s) passed by the Hon'ble Supreme Court.
5. Mr. Sanjoy Piprawall, while referring the aforesaid chart,
submits that even if the petitioner's candidature for appointment
on the post of 'Trained Graduate Teacher' for the 'Subject-
Geography' is considered under the 'Scheduled Tribe' category,
her name cannot be recommended for appointment under the
said category after preparation of the State wise merit list, as
the last candidate recommended for appointment under
'Scheduled Tribe' category has obtained 184 marks whereas the
petitioner has obtained 144 marks.
6. Learned counsel for the petitioner, at this juncture,
submits that it is not clear from the said chart as to whether the
petitioner's candidature has been considered under 25% quota
fixed for the primary teachers under which the she had applied
pursuant to Advertisement No. 21 of 2016.
7. Considering the said submission, let the respondent-
JSSC file a counter affidavit within 10 days clarifying the said
aspect.
8. Put up this case under the same heading on
22.02.2024.
(Rajesh Shankar, J.)
Ritesh
