RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying for a direction commanding upon the respondents to consider his case for appointment on the post of Graduate Trained (PGT) Teacher in +2 Schools of the State of Jharkhand in the subject Sanskrit under most backward caste (MBC) category pursuant to Advertisement No.74/2011 dated 23.07.2011.

Relief has been sought on the ground that he secured 220 marks; whereas the last selected candidate in the MBC category has scored only 212 marks. The petitioner has also sought a relief to quash the appointment of respondents 4 and 5 as contained in Memo No.175 dated 20.07.2012.

The respondent no.4 was ordered to be deleted by order dated 23.06.2016 and respondent no.5 was renumbered as 4.

3. The brief facts of the case are that on 23.07.2011 Jharkhand Academic Council published Advertisement No.74 of 2011 for appointment on the post of Post Graduate Trained Teacher in +2 School of the State of Jharkhand. The petitioner being eligible applied and he was issued Admit Card. The caste certificate of the petitioner granted by Sub Divisional Officer, Medininagar has been placed on record as Annexure-3 which establishes that he belongs to MBC category. The result was also published and the same is annexed as Annexure-5 to the writ petition. The petitioner has been declared successful. However, the fact remains that the persons who obtained 212 marks were appointed; whereas the petitioner who obtained 220 marks in the subject Sanskrit has been denied appointment.

4. Further fact reveals that the appointment has been denied on the ground that this petitioner has mentioned in Column-12 of the application form that he is a Government Teacher. Whereas the requirement was that he should have been a Government Secondary (High) School Teacher to get appointment in 50% quota under the Advertisement which was earmarked for Government Secondary School Teachers.

5. The case of the petitioner is that since he was a Government Primary School Teacher, he mentioned as against Column 12 that he is a Government Teacher. The words "Secondary (High)", were cut and then the word "Yes" has been mentioned as against Column

12. Vide order dated 26.09.2013 passed in this writ petition the petitioner was directed to clarify whether he claims appointment on the basis of quota meant for the Secondary School Teacher. As per the direction, the petitioner filed supplementary affidavit on 11.12.2013 mentioning, inter alia, that the petitioner was not claiming his appointment on the basis of quota made for Secondary School Teacher but he claimed that his case be considered in most backward class (MBC) category and not on the basis of the Teacher of the Secondary School.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU1vfLVB08UC71pmCwx2%2Bi808kaz58Lva8okSc6xdHiDD&caseno=WPC/829/2013&cCode=1&cino=JHHC010238742013&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.