JHARKHAND HIGH COURT ISSUES ORDER ON SHANTA EKKA V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, March 10 -- Jharkhand High Court issued the following order on Feb. 9:

1. Heard the parties.

2. The petitioner's candidature for the post of Graduate Trained Teacher was not considered due to lack of requisite educational qualification.

3. The rejection order has been placed before this Court, which is at Annexure-16, at page 75, of this writ petition. The relevant portion is at page 80. In page No. 80 at Sl. No. 11, the name of the petitioner transpires and the ground for rejection is that the petitioner has passed 'SahityaAlankar' from Hindi Vidyapith, Deoghar and vide letter No. 4786 dated 1.6.2015 and letter No. 1863 dated 26.2.2015, the degrees issued by the Hindi Vidyapith, Deoghar were not treated as recognized.

4. The issue of the degree of 'Sahitya-Alankar' issued by Hindi Vidyapith, Deoghar and its validity fell for consideration in WPS No. 3115 of 2015 (Vijoy Kumar Vs. State of Jharkhand and Ors.) and its analogous case, in which, the Hon'ble Division Bench of this Court has held that the degrees, which were issued prior to 26.02.2015, are to be treated as valid.

5. In this case, admittedly, the petitioner has obtained the said degree prior to the year 2015. The ground taken by the respondents rejecting the candidature of the petitioner cannot be sustained.

6. In view of the aforesaid facts, the impugned order dated 26.8.2019 (Annexure-16) is quashed and set aside.

7. Consequently, the respondents are directed to consider the case of the petitioner and pass a reasoned order considering the merit of the petitioner in State-wise merit list and if any of the candidate, who has obtained lesser mark than the petitioner has already been appointed on the basis of State merit list, the respondents will consider the case of the petitioner and issue appointment letter in her favour, if there is no other legal impediment. It is also made clear that the educational qualification of the petitioner i.e. the certificate of 'Sahitya-Alankar' issued by the Hindi Vidyapith, Deoghar, will not come in the way while considering the case of the petitioner.

8. With the aforesaid observation and direction, this petition stands disposed of.

9. Pending interlocutory application, if any, also stands disposed of.

Disclaimer: Curated by HT Syndication.