Jharkhand High Court
Jyoti Singh vs The State Of Jharkhand on 1 February, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4982 of 2023
Jyoti Singh ..... Petitioner
Versus
1. The State of Jharkhand, through its Secretary/Principal Secretary, School
Education and Literacy Department, Ranchi
2. The Director, Secondary Education, School Education and Literacy
Department, Government of Jharkhand, Ranchi
3. The Jharkhand Staff Selection Commission, through its Secretary, Ranchi
..... Respondents
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CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Saurabh Shekhar
For the State: Mr. Amitesh Kr. Geasen, A.C to A.A.G-IA
For the JSSC: Ms. Richa Sanchita
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02/01.02.2024 The present writ petition has been filed for issuance of direction upon the
respondents, particularly, the Jharkhand Staff Selection Commission (JSSC) to
conduct document verification of the petitioner as she was declared successful
in the Combined Graduate Trained Teacher Competitive Examination (CGTTCE)-
2016 held pursuant to Advertisement No. 21/2016 published by the JSSC, but
neither call letter inviting her for document verification was issued nor any
notice for the same was published in any newspaper due to which she could not
appear on the date fixed for document verification. Further prayer has been
made for issuance of direction upon the respondents to consider the case of the
petitioner for appointment on the post of Trained Graduate Teacher in the
concerned subject and consequently, to issue appointment letter to her.
2. It is jointly submitted by learned counsel for the parties that the issue
raised in the present writ petition is covered by the judgment dated 22.01.2024
passed by this Court in the batch of writ petitions led by W.P.(S) No. 3436/2023
whereby the same have been dismissed. Hence, the present writ petition may
also be disposed of in terms with the said judgment.
3. Considering the said submission, it would be appropriate to quote the
relevant parts of the judgment dated 22.01.2024 passed by this Court in the
batch of writ petitions led by W.P.(S) No. 3436/2023.
''33. Thus, it is well settled that there is no concept of negative
equality under Article 14 of the Constitution. If a person has an
enforceable right, he is required to be treated at par with similarly
situated persons, but where no such right is available, he cannot make
the said claim. Since in the present case, the petitioners have failed to
show any legal right that they should have been served personal notices
for documents verification, no relief can be granted to them by this
Court under Article 226 of the Constitution of India.
35. Moreover, if the prayer of the petitioners is allowed, the same
will cause serious prejudice to several other candidates who have not
approached this Court, which will create a separate class amongst the
similarly situated persons. Otherwise also, there is every possibility that
if any indulgence is granted to the petitioners at this stage, the same will
open a pandora box and in such eventuality, the vacancy would never be
finally filled up.
36. In view of the aforesaid discussion, I do not find any merit in the
present batch of writ petitions and the same are accordingly dismissed.''
4. Having heard learned counsel for the parties and considering that the
issue raised in the present writ petition is covered by the judgment dated
22.01.2024 passed by this Court in the batch of writ petitions led by W.P.(S) No.
3436/2023, the present writ petition is also dismissed in terms with the said
judgment.
Satish/- (RAJESH SHANKAR, J)
