Jharkhand High Court
Manoj Kumar Mandal vs State Of Jharkhand Through Its Chief ... on 12 June, 2024
Author: S. N. Pathak
Bench: S.N. Pathak
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4943 of 2023
Manoj Kumar Mandal ... ... Petitioner
Versus
1. State of Jharkhand through its Chief Secretary, Ranchi.
2. Secretary, School Education and Literacy Department, Govt. of
Jharkhand, Ranchi.
3. Director, Secondary Education, Govt. of Jharkhand, Ranchi.
4. Deputy Commissioner, Giridih.
5. District Superintendent of Education, Giridih.
... ... Respondents
------
CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
------
For the Petitioner : Mr. Ajit Kumar, Advocate
For the State : Ms. Sunita Kumari, AC to Sr.SC-II
------
5/ 12.06.2024 The petitioner has approached this Court with a prayer for
direction upon the respondents to consider his case for appointment on the
post of Trained Graduate Teacher in Social Science subject pursuant to
Advertisement No. 05/2015 issued by Jharkhand Staff Selection
Commission.
2. Learned counsel appearing for the petitioner submits that
though the case of petitioner was considered in the district of Giridih and
his name finds place in provisional merit list at serial no. 1, but thereafter in
the revised merit list, his name does not find place, only on the ground that
he is Commerce Graduate and not the Arts Graduate, which is the
requirement for appointment to such post. However, learned counsel draws
attention of this Court towards the judgment delivered in the case of
Nagendra Kerketta & Anr. Vs. The State of Jharkhand & Ors., in W.P.(S)
No. 963 of 2017, decided on 12.09.2019, which was affirmed by the
Division Bench of this Court in L.P.A. No. 75 of 2020 vide judgement
dated 20.02.2023 and submits that now the issue which fell for
consideration before this Court is already set at rest. Learned counsel
further submits that the Division Bench of this Court has clearly held that
"........there is no notification/clarification issued by the NCTE declaring
that a Commerce graduate is not eligible for appointment as Assistant
Teacher under the "Social Studies" stream. At the same time, the State of
Jharkhand has also not come out with any notification/circular indicating
that Commerce as a subject also falls under "Social Studies" stream."
Learned counsel further submits that in view of the direction of the Division
Bench, the State Government has come out of the letter no. 1121 dated
10.8.2023 clarifying that Commerce Graduate candidate is entitled for
appointment in the Social Studies subject in the Government schools .
Relying on these averments and the notification issued by the State of
Jharkhand, learned counsel submits that a direction be issued to the
respondents to consider the case of the petitioner for appointment on the
post of Trained Graduate Teacher pursuant to Advertisement No. 05/2015.
2. Learned counsel representing the respondents very fairly
submits that the issue involved in this case has already been decided by this
Court and as such, the present petitioner may also be considered for
appointment, subject to fulfilment of other eligibility criterion.
4. Be that as it may, having gone through the fair submissions of
the parties and upon perusal of the records of the case, this Court is of the
considered view that the issue as to whether the Commerce Graduate
candidate can be considered for appointment in Government school
teachers as that of Arts Graduate candidate has already been decided by this
Court and affirmed up to the Division Bench, in the case of Nagendra
Kerketta (supra). In such circumstances, I hereby direct the respondent
concerned to verify the factual aspects/ issues involved in the present writ
petition vis-à-vis factual aspects/ issues involved in the case of Nagendra
Kerketta (supra), and if the facts/ issues involved in the present writ
petition are found to be similar to the aforementioned writ petition, the case
of the present petitioner shall be considered for appointment, if any fresh
counselling process is done, pursuant to Advertisement No. 05 of 2015,
subject to fulfilment of other eligibility criterion.
5. With the aforesaid observations and directions, this writ
petition stands disposed of.
(Dr. S. N. Pathak, J.)
R.Kr.
