Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 5179 of 2014 with W. P. (S) No. 5188 of 2014 ... Sukhlal Oraon … …Petitioner(W. P. (S) No. 5179 of 2014) Surendra Oraon … …Petitioner(W. P. (S) No. 5188 of 2014) -V e r s u s- 1. The State of Jharkhand 2. Deputy Commissioner, Chaibasa 3. District Superintendent of Education, Chaibasa 4. District Education Officer, Chaibasa … ...Respondents (In both writ petitions) … CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH … For the Petitioners : - Mr. I. Sen Choudhary, Adv. For the Respondents :- Mr. Abhay Kr. Mishra, SC-III (W. P. (S) No. 5179 of 2014) Mr. Sunil Singh, JC to SC (Mines) (W. P. (S) No. 5188 of 2014) …. 09/08.07.2015 Heard learned counsel for the parties. The petitioners were candidates for appointment as Primary School Teacher under the Adv. No. 1/13-14, Annexure-1 claiming themselves as para teacher. Jharkhand Primary School Teacher Appointment Rule, 2012 lay down the conditions to be fulfilled by eligible interested candidates for being considered for such recruitment. Under the provisions of the said Rule and on decision of the Human Resources Development Department, Directorate of Primary Education as contained in letter no. 2087 dated 12.11.2013, the advertisement in question, Annexure-1 incorporated clause-12 which clearly stipulates that 50% of the total vacancies would be reserved for recruitment from para teacher subject to the condition that candidate should have been working as para teacher for preceding two years. The para teachers as a matter of fact have been given 50% reservation under the 2012 Rules. The claim of the petitioners has not been considered as eligible to be included in the panel for such appointment as a para teacher on the ground that the petitioner in W. P. (S) No. 5179 of 2014 had left the service on 07.06.2012 though after rendering seven years of service from 16.07.2005. The petitioner admittedly has been appointed as peon at Project Girl High School, Barwadih as would appear from the office order dated 04.06.2012 issued by the District Education Officer, Latehar, part of the Annexure-1 series. The petitioner in W. P. (S) No. 5188 of 2014 was also a para teacher for the period of 21.05.2007 to 07.06.2012, but he has also been appointed as peon by the same office order dated 04.06.2012 bearing memo no. 204-218 and posted at Government High School Chandwa. The entire crux of the arguments of the learned counsel for the petitioners is that the relevant clause under the advertisement does not clarify as to whether the period of two years is to be reckoned just preceding the date of the advertisement or that the services rendered by such para teacher like the petitioners for seven years can be ignored by the respondents to make him ineligible for such recruitment as para teacher. Learned counsel for the petitioners, in their rejoinder at para-10 referred to the instances of one Rajni Beck, a para teacher of Upgraded Primary School, Bara, Balumath, Latehar in support of their contention that though the said para teacher was on mass strike for 65 days, her name appears in the merit list for recruitment of Inter Trained Primary Teacher for Class 1 to 5 from the para teacher ST Category. Other similarly situated para teachers were also on strike. Based upon such instances, it is contended that the petitioners have been unfairly discriminated in the matter of recruitment when such other persons have been given the benefit though there were interruption in their services for 65 days on the basis of mass strike. Learned counsel for the respondent-State harped upon the construction of Clause-12 of the advertisement and submitted that it is unambiguous as it does not have two meanings. The clause-12 is quoted hereinunder:- “dqy fjDfr;ksa esa ls 50 izfr'kr in loZ f'k{kk vfHk;ku ds rgr foxr 2 ¼nks½ o"kksZ ls vVwV :i ls dk;Zjr vgrkZ/kkjh ikjk f'k{kd esa ls fu;qfDr gsrq vkjf{kr jgsaxsaA ;s vkj{k.k {kSfrt gksxk] vFkkZr izR;sd Js.kh ¼v0 tk0] v0t0tk0] vU; fiN³k oxZ ,oa lkekU;½ ds fy, fu/kkZfjr dksVk ds vUrxZr gh ;g vkj{k.k vuqekU; gksxkA ijUrq fjfDr ds vuqikr esa visf{kr la[;k esa ;ksX; ikjk f'k{kd miyC/k ugha gksus fd fLFkfr esa bu fjfDr;ksa dks mudh vkj{k.k dksfV ds vuqlkj xSj ikjk f'k{kd vH;fFkZ;ksa esa ls Hkjk tk;sxkA”. It is submitted that the said clause means that the concerned para teacher should have been working for the last two years preceding date of advertisement or the cut off date for making such application. These petitioners failed to fulfill the condition as they in fact are in Government Job as Peon. Therefore, such benefit, which is extended to the para teacher taking into account their continuous service under the State should not be extended to the petitioners. Considering the rival submissions of the parties in light of the aforesaid relevant material facts on record, the case of the petitioners hinges upon the construction of Clause-12 of the Advertisement which apparently has been incorporated in view of the decision of the Directorate of Primary Education based upon the Recruitment Rules of 2012 for appointment of Primary School Teacher in the State of Jharkhand. The expression used at Clause-12 as quoted hereinabove, cannot be said to have two meanings. The only meaning that can be attached to the said clause is that a para teacher, who is interested for seeking appointment in that category for which 50% of the post is reserved, has to fulfill the condition that he has remained preceding two years uninterruptedly before the cut off date for making application on the post of para teacher. The petitioners having left the job on 07.06.2012 i.e. much before the cut off date of 16.12.2013, could not come within the meaning of the said provision to stake legal right to be considered as para teacher for such recruitment. The instances of one such para teacher having been included as an eligible candidate in the merit list/panel from the sources of para teacher could not change the construction of the Rule. Individual case, if there are aberration, can be examined by the concerned respondents so that complete uniformity in the matter of recruitment should be maintained. However, the petitioners are not entitled to be considered as para teacher in the matter of recruitment to the post of Assistant Teacher in the Primary School having failed to satisfy the aforesaid condition. Therefore, no interference can be made in these writ petitions, which are, accordingly, dismissed. Pending Interlocutory Applications also stand closed. (Aparesh Kumar Singh, J.) Kamlesh/