JHARKHAND HIGH COURT ISSUES ORDER ON GULAB CHAND MANJHI AND ORS. V/S STATE OF JHARKHAND AND ORS.

RANCHI, India, March 19 -- Jharkhand High Court issued the following order on March 17:

1. Heard, the learned counsel for the parties at length.

2. Though in this writ petition several prayers have been made by the petitioner but while arguing learned counsel for the petitioner submits that he is only confining this writ petition to prayer no. 1(v). He has specifically stated that he is giving up all the other prayers.

3. Prayer No. 1(v) reads as follows : 1(v) For a declaration that notification dated 29.08.2019 annexure-3 issued by Principal Secretary, School Education & Literacy Department, Jharkhand, Ranchi (Respondent No. 2) is ultra-virus of Rule 9(i) of Jharkhand Government Secondary School Teaching and Non-Teaching Staff Appointment and Service Condition Rule, 2015 as also against the spirit of Article 14 and 16 of Constitution of India.

4. The facts of this case in short is that the petitioners were appointed as Primary Teachers in different districts in the year 2015-16. The respondents issued Advertisement No.1/16 for recruitment of Trained Graduate Teachers through a combined competitive examination in terms of Jharkhand Government Secondary School Teaching and Non-Teaching Staff Appointment and Service Conditions Rule, 2015 (in short, the Recruitment Rules). Which was subsequently amended and published on 02.02.2017. As per the Recruitment Rules, 75% posts were meant for direct recruitment and 25% posts were reserved for eligible Primary Teachers (PRTs) who had completed five years of service. At the time of issuance of advertisement, the petitioners had not completed minimum five years of qualifying service in Government Elementary School, so they were not eligible for the 25% PRT quota. Due to delays in the recruitment process, many vacancies under 25% PRT quota remained unfilled for several years. By a letter No.2264 dated 29.08.2019, the respondents decided to fill the unfilled 25% PRT quota posts directly from leftover candidates of the 75% direct recruitment list. It is case of the petitioners that now they completed minimum five years of qualifying service for 25% PRT quota posts. They have filed this writ petition to challenge the decision of respondents to fill up the remaining 25% PRT quota posts directly from leftover candidates of the 75% direct recruitment list.

5. Learned counsel for the petitioner during course of argument in support of this writ petition [limited to prayer no. 1(v)] submits that leftover direct-recruit candidates cannot be appointed against the 25% PRT quota, especially when they lack the required five years of teaching experience in Government Elementary School. He further submitted that this process violates Article 16 of the Constitution by denying them equal opportunity. He further submitted that respondents in utter violation of Rule 9(I) of the Recruitment Rules are filling up the vacant posts arising from 25% reserved vacancies without following the procedure. He further argues that the direction dated 29.09.2019 has, in fact, over-ridden the Rule 9(I) of the Recruitment Rules. He argued that the statutory Rule cannot be superseded by an executive instruction.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoEpMGQTg5MkktSuYUb6IQPqDrPZE6UQzGPLtF1cZAyso&caseno=WPC/153/2021&cCode=1&cino=JHHC010008252021&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.