Jharkhand High Court
Nishant Kumar Chandan vs The State Of Jharkhand on 17 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1945 of 2019
Nishant Kumar Chandan ..... Petitioner
Versus
1. The State of Jharkhand, through the Secretary/Principal Secretary, School
Education & Literacy Department, Ranchi
2. Jharkhand Staff Selection Commission, through its Secretary, Ranchi
3. The Controller of Examination, Jharkhand Staff Selection Commission, Ranchi
..... Respondents
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CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Indrajit Sinha
Ms. Aditee Dongrawat
For the State: Mr. Aman Kumar, A.C to G.P-I
For the JSSC: Mr. Sanjay Piprawall
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11/17.01.2024 The present writ petition has been filed for quashing the letter dated
07.02.2019 (Annexure-6 to the writ petition) issued by the respondent No.3
whereby the petitioner has been declared ineligible for the post of Trained
Graduate Teacher (Physical Education) on the ground that he does not possess
Bachelor Degree in 'Arts/Science/Commerce'. Further prayer has been made for
a declaration that Degree of Bachelor of Engineering (B.E) is equivalent to
Bachelor Degree in 'Science' as well as for directing the respondents to appoint
the petitioner against the post of Trained Graduate Teacher (TGT) in the subject
'Physical Education'.
2. Learned counsel for the petitioner submits that the Jharkhand Staff
Selection Commission (JSSC) issued Advertisement No. 21/2016 to conduct
Combined Trained Graduate Teacher Competitive Examination, 2016 for
appointment on the post of Trained Graduate Teachers in various subjects
including the post of Trained Graduate Teacher (Physical Education) in
Government Secondary Schools of all the districts situated within the State of
Jharkhand. The minimum educational qualification for the post of Trained
Graduate Teachers (Physical Education) was that a candidate must have
Graduate Degree in 'Arts/Science/Commerce' with minimum 45%/40% marks
and a recognized Degree in Physical Education.
3. It is further submitted that the petitioner obtained Bachelor of
Engineering (B.E) Degree from Vinayaka Missions University, Salem, Tamil Nadu
in Mechanical Engineering. He also obtained Bachelor of Physical Education
(B.P.Ed.) Degree from Vinoba Bhave University, Hazaribagh in the year 2015.
He applied for the post of Trained Graduate Teacher (Physical Education)
pursuant to the said advertisement and was declared successful in the written
test. Thereafter, he was called for document verification on 07.01.2019. He
appeared for document verification and produced the certificates of Bachelor of
Engineering Degree which was under the broad discipline of Graduate Degree in
'Science' as well as the Degree of B.P.Ed. However, the respondent No.3 vide
impugned letter dated 07.02.2019 informed the petitioner that he was not found
eligible for the post of Trained Graduate Teacher as he did not possess
Graduate Degree in 'Arts/Science/Commerce' with 45% marks. The petitioner
replied the said letter on 08.02.2019 stating that he possessed B.E. Degree with
62% marks as well as B.P.Ed. Degree with 88% marks and hence he was
eligible in terms with the said advertisement. However, in the final result
published on 18.04.2019, his roll number did not figure.
4. It is also submitted that B.E. is a course in which there is application of
principles of science and technology. Moreover, the subjects of science are
taught as part of the syllabus. Hence, it comes under the broad discipline of
Graduate Degree in 'Science' which was the requisite qualification prescribed in
the said advertisement. The petitioner is thus entitled for appointment on the
post of Trained Graduate Teacher (Physical Education) pursuant to the said
advertisement.
5. Learned counsel for the petitioner puts much reliance on the gazette
notification dated 5th July-11th July, 2014 pertaining to specification of Degrees
issued by the University Grants Commission with the approval of the Central
Government and submits that B.E. is a recognized Degree of UGC which comes
under the broad category of Graduate Degree in 'Science' as there is application
of principles of science and technology in the said course.
6. Per-contra, learned counsel for the respondent-JSSC submits that the
petitioner has submitted the Degree of Bachelor of Engineering (Mechanical) as
a Graduation Degree in 'Science' which is not valid for appointment on the post
of Trained Graduate Teacher (Physical Education) as per the terms and
conditions of the said advertisement. Since the petitioner failed to submit his
valid Bachelor Degree in 'Arts/Science/Commerce' as per the terms and
conditions of the said advertisement, he was not recommended for
appointment. It has been mentioned in Clause-3 of the said advertisement that
before submitting the applications for the examination, the candidates must
ensure that they fulfilled all the terms and conditions with respect to eligibility
criteria of the advertised posts and permission to appear in the examination
would completely be provisional.
7. It is further submitted that during document verification, the petitioner
could not produce the certificate of Graduation Degree in
'Arts/Science/Commerce' as mandated in the said advertisement and hence
there is no illegality in not recommending his candidature for appointment on
the said post. After verification of documents, the JSSC had also made
recommendation on 09.05.2019 for appointment of the successful candidates on
the post of Trained Graduate Teacher (Physical Education) for District-
Hazaribagh. The selection process in terms with Advertisement No. 21/2016 for
subject 'Physical Education' for District- Hazaribagh has already been completed.
It is also submitted that laying down qualification for appointment is a policy
matter of the State Government and deciding the equivalence of the Degree is
also within the domain and power of the State Government.
8. Heard learned counsel for the parties and perused the relevant materials
available on record. Thrust of the argument of learned counsel for the petitioner
is that the petitioner is possessing B.E. Degree which comes under the broad
discipline of Graduate Degree in 'Science' and as such the decision of the
respondent No.3 that the petitioner is not possessing Bachelor Degree in
'Arts/Science/Commerce' is highly arbitrary.
9. To appreciate the rival contentions of learned counsel for the parties, I
have perused the relevant materials available on record. The petitioner filled up
the application form for appointment on the post of Trained Graduate Teacher
in the subject 'Physical Education' under BC-II category and the eligibility criteria
for the said post was Graduation Degree in 'Arts/Science/Commerce' from a
recognized University of State Government or Central Government with
minimum 45% marks and recognized Degree in 'Physical Education'.
10. The petitioner possessed B.E. Degree as well as Degree of 'Bachelor of
Physical Education' and at the time of document verification, the said Degrees
were produced by him. However, a show cause notice dated 07.02.2019 was
issued to him mentioning that he did not produce the Graduation Degree of
'Arts/Science/Commerce' and finally, vide important notice No. 3462 dated
17.05.2019, his candidature was cancelled stating that he failed to produce the
educational eligibility certificate as per Para 4(Kh) of the said important notice.
11. On bare perusal of Para 4(Kh) of the said important notice, it appears
that for the post of Trained Graduate Teacher (Physical Education) under BC-II
category, the minimum educational qualification was Graduation Degree in
'Arts/Science/Commerce' from any recognized University of State Government or
Central Government with minimum 45% marks as well as a recognized Degree
of Physical Education.
12. It has also been contended by learned counsel for the petitioner that the
respondents have adopted pick and choose method in the said appointment
process. In support of the said contention, a list of recommended candidates
against the posts of Trained Graduate Teacher (Physical Education) as provided
by the District Education Officer-cum-Public Information Officer, Gumla has
been annexed as Annexure-11 to the supplementary affidavit dated 19.12.2023
wherein at Sl. No. 9, the name of one Rajiv Ranjan Kumar finds place, who
possessed Bachelor Degree of Hotel Management & Catering Technology. The
said factual contention of the petitioner has not been denied by the
respondents. Thus, it seems that Graduation Degree in
'Arts//Science/Commerce' has been taken as a broad discipline and any Degree
which comes under the said broad discipline, has also been regarded as valid
Graduation Degree for appointment on the post of Trained Graduate Teacher
(Physical Education).
13. Learned counsel for the petitioner puts reliance on a judgment of this
Court rendered in the case of Purnima Kumari Vs. The State of Jharkhand
& Ors. [W.P.(S) No. 2466 of 2023] reported in 2023 SCC Online Jhar
2466 wherein this Court while referring the judgments of a co-ordinate Bench
of this court rendered in the cases of Mukesh Ranjan Vs. The State of
Jharkhand & Ors. [W.P.(S) No. 2715 of 2019] and Raj Dev Singh & Anr.
Vs. The State of Jharkhand & Ors. [W.P.(S) No. 920 of 2019], has held
that 'BBA' Degree is to be treated as the Bachelor Degree in 'Commerce' and
'BCA' Degree is to be treated as Bachelor Degree in 'Science'.
14. I have perused the gazette notification dated 5th-11th July, 2014 whereby
University Grants Commission in exercise of the power conferred under sub-
section (3) of Section 22 of the University Grant Commissions Act, 1956, in
supersession of all earlier gazette notifications pertaining to specification of
Degrees, has specified the nomenclature of Degrees and B.E. Degree comes
under the specified category of Engineering/Technology/Architecture/Design.
The petitioner has however claimed that he has studied Mathematics, Physics
and Chemistry as the subjects while pursuing B.E course and as such the B.E
Degree comes under the broad discipline of Graduation Degree in 'Science'. The
said claim of the petitioner has not been controverted by the respondents.
15. The respondents have also not been able to justify as to why the
Bachelor Degree in Hotel Management & Catering Technology has been treated
as valid Graduation Degree for appointment on the post of Trained Graduate
Teacher (Physical Education), however, the B.E. Degree of the petitioner has
not been treated as requisite qualification. I thus find substance in the argument
of learned counsel for the petitioner that the respondents have adopted pick
and choose method while selecting the candidates for appointment on the post
of Trained Graduate Teacher (Physical Education).
16. Learned counsel for the respondent-JSSC has however relied upon a
judgment rendered by a co-ordinate Bench of this Court in the case of Santosh
Kumar Yadav & Anr. Vs. The State of Jharkhand & Ors. [W.P.(S) No.
4079 of 2018] along with other analogous cases. In the said cases, it has
been held that the question of equivalence of educational qualification is not
within the domain and jurisdiction of the Court under Article 226 or 227 of the
Constitution of India, rather it has to be done by a body of academicians or an
expert body qualified for that job.
17. I do not have any hesitation in accepting the said proposition laid down
in the aforesaid cases, however, the said judgment is not applicable in the facts
and circumstance of the present case as the respondents themselves, on the
one hand, have treated the Degree of 'Bachelor in Hotel Management and
Catering Technology' under the broad discipline of Graduation Degree in 'Arts'
whereas they have failed to treat the B.E. Degree under the broad discipline of
Graduation Degree in 'Science'.
18. In view of the aforesaid discussions, the impugned letter dated
07.02.2019 issued by the respondent No.3 whereby the petitioner has been
declared ineligible for appointment on the post of Trained Graduate Teacher in
the subject 'Physical Education' (direct recruitment) pursuant to Advertisement
No. 21/2016 on the ground that he does not have Graduation Degree in
'Arts/Science/Commerce', is hereby quashed. The respondent-JSSC is directed
to consider the candidature of the petitioner for appointment on the said post
keeping in view that he possesses the requisite qualification as per the said
advertisement.
19. The present writ petition is, accordingly, allowed.
Satish/- (RAJESH SHANKAR, J)
