Subodh Kumar vs The State Of Jharkhand Through The Chief ...
2024 Latest Caselaw 223 Jhar

Jharkhand High Court

Subodh Kumar vs The State Of Jharkhand Through The Chief ... on 10 January, 2024

Author: Ananda Sen

Bench: Ananda Sen

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(C) No. 4247 of 2023
                                                 ---
        Subodh Kumar                                                  .... Petitioner(s)
                                                 Versus
           1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand,
              Ranchi.
           2. The Director Primary Education, Department of School Education and
              Literacy, Govt. of Jharkhand, Ranchi.
           3. The Jharkhand Academic Council, Namkum, Ranchi. .... Respondent(s)
                                                 -----
              CORAM        :      SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Pankaj Kr. Choudhary, Advocate. For the Respondent(s) : Mr. Shivam Anand Pathak, AC to SC-III For the JAC Mrs. Richa Sanchita, Advocate.

.........

02/10.01.2024: By filing this writ petition, the petitioner has prayed for issuance of fresh TET Certificate in his favour after considering the judgment passed by the Division Bench of this Court in L.P.A No. 305 of 2018.

2. It is the case of the petitioner that he appeared in TET Examination in the year 2016, but there were discrepancies in the answer of particular question. The issue is set at rest by the Hon'ble Division Bench of this Court in LPA No. 305 of 2018, wherein the Jharkhand Academic Council was directed to recast the marking in the concerned examination treating both the answers to be correct.

3. The Jharkhand Academic Council recasted the answers and issued corrected marks-sheet/TET Certificate to the parties, who were the appellants in LPA Nos. 305 and 306 of 2018.

4. It is the case of the petitioner that when the respondents were directed to recast the answer sheets, the benefit of the same should be given to the petitioner also.

5. The learned counsel appearing for the Jharkhand Academic Council opposes the prayer and submits that the petitioner has approached this Court after five years.

6. Considering the aforesaid facts, which are admitted, when the Division Bench of this Hon'ble Court directed the Jharkhand Academic Council to recast the marks after treating both the answers to be correct, it was their duty to recast the same and hand over the TET certificates to all, including the petitioner.

7. Thus, I direct the Jharkhand Academic Council to issue fresh TET certificate/marks-sheet to the petitioner after recasting the marks, if he comes within the qualifying category after such recast. It is made clear that after

recasting, if the petitioner does not qualify, the respondent-Jharkhand Academic Council will inform the said fact to the petitioner.

8. The entire process should be concluded within four weeks from the date of receipt of a copy of this order.

9. Accordingly, this petition stands disposed of.

Anu/-CP2. (ANANDA SEN, J.)