Jharkhand High Court
Naveen Kumar vs State Of Jharkhand Through The Chief ... on 10 May, 2024
Author: S. N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 312 of 2024
Naveen Kumar .... Petitioner
Versus
1. State of Jharkhand through the Chief Secretary, Ranchi.
2. Principal Secretary, Department of School Education & Literacy,
Govt. of Jharkhand, Ranchi.
3. Director, Secondary Education, Govt. of Jharkhand, Ranchi.
4. Jharkhand Staff Selection Commission through its Secretary,
Ranchi.
5. Controller of Examination, Jharkhand Staff Selection
Commissioner, Ranchi.
6. National Council for Teachers Education (NCTE), New Delhi.
.... Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
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For the Petitioner : Mr. Amritansh Vats, Advocate
Mr. Kumar Abhishek, Advocate
For the Resp-State : Mr. Gauarav Abhishek, Advocate
For the Resp-JSSC : Ms. Richa Sanchita, Advocate
For the Resp-NCTE : Mr. Sunil Kumar, Advocate
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11/ 10.05.2024 Heard the parties.
2. The petitioner has challenged the notice dated 12.07.2023
issued by respondent no. 5, by which he was intimated that he has not
submitted the valid graduate certificate either in Arts or Science or
Commerce for appointment to the post of Trained Graduate Teacher in
Physical Education as per Advertisement No. 21/2016 for Combined
Graduate Trained Teacher Competitive Exam, 2016. Further prayer has
been made to direct the respondents to consider his case for appointment
to the post of Graduate Trained Teacher in Physical Education, taking into
consideration that he has obtained Graduation Degree in Bachelor of
Technology (B.Tech.) from recognized Institution which has been
recognized as Science subject in view of the Gazette Notification dated
11.07.2014.
3. Briefly stated, Advertisement No. 21/2016 for appointment
on the post of Trained Graduate Teacher in various subjects including
Physical Education in all the districts of Jharkhand has been floated by
the Jharkhand Staff Selection Commission. As per the Advertisement, for
appointment to the post of Graduate Trained Teachers in Physical
Education, a candidate should have obtained 45% marks either in Arts,
Commerce or Science from recognized University of the State or Central
Government and he/ she should also possess a certificate of Physical
Education from a recognized University. The petitioner being eligible in
all respect, applied for the post of Trained Graduate Teacher in Physical
Education. Thereafter, the petitioner appeared in the written test and got
qualified in the same. Subsequently he was called for documents
verification. In pursuance of the said notice, the petitioner appeared
before the respondent-JSSC and submitted all the testimonials including
the certificate of degree of Bachelor in Physical Education as well as the
certificate of degree of Bachelor of Technology issued from Biju Patnaik
University of Technology, Odisha. Thereafter, the petitioner received a
letter dated 12.07.2023 from Jharkhand Staff Selection Commission
informing him that he has not submitted a valid degree certificate either
in Arts or Science or Commerce as per advertisement and he was directed
to submit the same by 19.07.2023. In pursuance of the said letter, the
petitioner submitted the required certificate before the respondent-
Commission, but no heed was paid as yet and hence, this writ petition.
4. Mr. Amritansh Vats, learned counsel appearing for the
petitioner argues that the action of the respondent-Commission is illegal,
arbitrary and without jurisdiction. Learned counsel submits that
respondents are bound to consider the degree of Bachelor of Technology
in Science, which comes under the broad discipline of graduate degree in
view of the Gazette Notification dated 11.07.2014, issued by the
University Grant Commission, Government of India coupled with the
notification issued by the NCTE. As such, the petitioner is to be treated as
Science Graduate. Learned counsel further argues that in pursuance of the
same Advertisement as contained in Annexure-1, several candidates in
other Districts who have obtained the Graduation degree in Bachelor in
Computer Application from a recognized Institute (like the petitioner) has
been appointed as Graduate Trained Teacher (Physical Education) and as
such, a direction be given to the respondents to consider his case for
appointment to the post of Graduate Trained Teacher (Physical
Education).
5. Justifying the impugned notice, Ms. Richa Sanchita, learned
counsel appearing for the respondent-Commission submits that during the
course of document verification, it was found that petitioner has
submitted the certificate of Bachelor of Technology which is, as per the
terms and conditions of the Advertisement, not valid for appointment to
the post of Graduate Trained Teacher for Physical Education Subject.
Learned counsel further argues that since the petitioner has failed to
produce relevant certificate, a show-cause notice dated 12.07.2023 was
issued to the petitioner by which he was directed to submit his valid
educational certificate/ reply to the show-cause by 19.07.2023. Learned
counsel further argues that in the Advertisement for appointment to the
post of Graduate Trained Teacher (Physical Education), the essential
Educational criteria has been mentioned as Graduation in Arts/
Commerce/ Science from a recognized University with 45% and 40%
marks for SC and ST candidates with degree of Physical Education and
since petitioner failed to submit the valid Graduation Degree, his
candidature was not considered and there is no illegality in issuing the
impugned notice.
6. Learned counsel appearing for the respondent-State adopts
and supports the arguments of learned counsel for the respondent-JSSC
and submits that since the petitioner was not meeting the requisite criteria
rightly his case was not considered for appointment to the post of
Graduate Trained Teacher for Physical Education subject.
7. Mr. Sunil Kumar, learned counsel appearing for the
respondent-NCTE brought on record the notification issued by the NCTE
and submits that as per notification issued by the NCTE, the degree of
B.Tech is equivalent to graduate in 'Science'.
8. Heard the learned counsel for the parties and perused the
records. Admittedly, the petitioner filled up the application form for
appointment on the post of Trained Graduate Teacher in the subject
'Physical Education' 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'. The
petitioner possessed B.Tech. 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
21.7.2023 was issued to him mentioning that he did not produce the
Graduation Degree of 'Arts/Science/Commerce'.
9. On bare perusal of Para 4(Kh) of the said important notice, it
appears that for the post of Trained Graduate Teacher (Physical
Education), 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.
10. From perusal of the Gazette Notification dated 5th-11th July,
2014, brought on record by the learned counsel for the respondent-NCTE,
it appears that degree of Bachelor of Technology has been included
within the Science Stream. The Gazette Notification though not denied by
the respondents but specific plea has been taken that since eligibility
condition in the advertisement is specific equivalent degree will not
suffice, the graduation should be with specific subject i.e. Science. From
the Gazette Notification, it appears that the Science is a stream like Arts
and Commerce. As per the said Gazette Notification dated 5th-11th July,
2014, Specification of Degrees, Bachelor of Technology is brought under
the broad discipline of Bachelor's Degree in Science. Thus, the particular
subject B.Tech has been included in the Science Stream. Therefore, it can
comfortably be inferred that the petitioner was a science graduate.
Further, petitioner has also done his Bachelor in Physical Education. The
respondents cannot debar the petitioner on the plea that he is not a science
graduate. If petitioner fulfills all the requisite qualification as per the
advertisement, having more marks than the last selected candidate, his
candidature cannot be rejected merely on the ground that he has obtained
B.Tech Degree, which does not fall within the category of Science
subject.
11. Similar issue also fell for consideration before this Court in
the case of Mukesh Ranjan Vs. the State of Jharkhand & Ors decided in
W.P.(S) No. 2715 of 2019, Raj Dev Singh & Anr. Vs. The State of
Jharkhand & Ors., decided in W.P.(S) No. 920 of 2019 and Nishan Kumar
Chandan Vs. The State of Jharkhand & Ors., decided in W.P.(S) No. 1945
of 2019, wherein this Court 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.
12. Taking into consideration the aforesaid judgments and in
view of the notification issued by the NCTE, it can also be said that
'B.Tech' degree is to be treated as Bachelor degree in Science.
13. As a sequitur to the aforesaid rules, regulations, guidelines
and judicial pronouncements, the impugned notice dated 21.07.2023 is
hereby quashed and set aside. The respondent-JSSC is directed to
recommend the case of the petitioner for appointment on the post of
Trained Graduate Teacher, in subject Physical Education pursuant to
Advertisement No. 21/2016, to the State Government, who in turn issue
the appointment letter to the petitioner within a period of eight weeks
from the date of receipt/ production of a copy of this order, subject to
fulfilment of other required criteria and if there is no legal impediments.
14. The writ petition stands allowed.
(Dr. S. N. Pathak, J.)
R.Kr.
