Dinesh Kumar Hansda And Other vs State of Jharkhand And Other

The petitioners by way of this writ application have prayed for a direction commanding upon the Respondents to recruit/appoint the petitioners

directly on the existing sanctioned and vacant posts in various Government departments and further prayer has been for a direction for implementation

of direction/observation made by the Hon’ble Apex Court in the judgment reported in AIR 1995 SC 1115 as also of the Patna High Court in

CWJC No. 5315 of 1998 regarding the appointment of the petitioners against the various vacant lying posts in the Government of Jharkhand in Class-

III posts.Â

The facts of the case in a nutshell are that the petitioners have done vocational training in the field of office Management under the Vocational

Training Scheme and have passed intermediate vocational Examination held in July, 1992 for the various Sessions for eg. 89-91, 90-92 etc. and they

have been declared successful by the Bihar Intermediate Education Council. The petitioners, after successfully completing the Vocational Training

course for the trade of Office Management, got themselves enrolled for the Apprentices (Practical) training at Board of Practical Training and the

Board of Proficiency awarded them the Certificates of Proficiency and after getting the Apprenticeship training, become entitled to be recruited by

the Government in various Government departments. In the decision rendered by the Hon’ble Apex Court in the case of Road Transport

Corporation, U.P. State, V.P. Parivahan Nigam and another-vs.-Berojgar Sangh and others reported in AIR 1995 SC 1115, criterias were very clearly

laid down for the employment of such trainees who had successfully completed their training. It has been further stated that as per the information, 18

similarly placed persons of poultry production trade were appointed as instructor Poultry Production at different Government High Schools vide Office

Order dated 28.06.1993 and 10, out of 18 persons, were appointed in the Jharkhand portion of the undivided Bihar. It has been further stated that the

petitioners are eligible for appointments to the post of Instructor and Lab Assistants and as per the report dated 23.03.2001 of the Secretary of the

Department of Human Resources Development, a total of 108 posts are lying vacant. The petitioners have filed several representations time and again

but no action has been taken by the Respondents for their appointment as Assistants/Lab Assistants/Clerks as per the direction of the Hon’ble

Apex Court. There are approximately one lakh posts lying vacant for such appointment and the petitioners again filed representation before the

respondent no. 2 vide letter dated 12.06.2009. It has been further averred that similar case regarding appointment against the sanctioned and vacant

posts was preferred and this Court vide order dated 30.03.2009, passed in W.P. (S) No. 2927 of 2003, disposed of the writ application with

observation that ‘if a person has undergone training for Apprenticeship at the cost of State Exchequer, they can certainly be considered for being

recruited subject to the post being vacant and sanctioned’. Vide order dated 3.11.1999, a similar case being CWJC No.7202 of 1998 (Arun Kumar

and others-vs.-State of Bihar and ors.) has been disposed of. In spite of all these aforesaid observations passed by the Court time and again, the

Respondents have taken no heed for redressal of the grievances of the petitioners. The petitioners, left with no alternative, have been constrained to

knock the door of this Court under Article 226 of the Constitution of India for redressal of their grievances.

A supplementary affidavit dated 04.02.2015 has been filed on behalf of the petitioners, wherein, it has been submitted that 352 sanctioned posts in

the Office of Jharkhand Academic Council are vacant as would appear from the information given by the Jharkhand Academic Council, Ranchi vide

letter dated 9.7.2012. It has been further stated that due to non-compliance of the directions of the Hon’ble Supreme Court and the Hon’ble

Patna High Court, the petitioners are still un-employed, even though they are entitled for appointment.

Learned counsel for the petitioner has strenuously urged that the petitioners are eligible for appointments to the post of Instructor and Lab

Assistants and as per the report dated 23.03.2001 of the Secretary of the Department of Human Resources Development, a total of 108 posts are

lying vacant. Learned counsel further submits that due to noncompliance of the directions of the Hon’ble Supreme Court and the Hon’ble

Patna High Court, the petitioners are still lying un-employed, even though they are entitled for appointment. Learned counsel further submits that

legitimate expectation of the petitioners have been belied and they have been left in lurch.

A counter affidavit has been filed by the respondents controverting the allegations and averments made in the writ application. In the counter

affidavit, it has been submitted that two recruitment agencies of the Govt. of Jharkhand, namely, Jharkhand Public Service Commission (for

recruitment on Gazetted posts) and Jharkhand Staff Selection Commission (for recruitment on Non-Gazetted posts) are functional and since 2015, the

State Government has sent requisitions for recruitment on 56,486 different posts of various departments to both the agencies. Against those

requisitions, recommendations for appointment on 11,974 different posts have been made available to the State Government and for the residual

requisition, the recruitment is under process.

Repudiating the contentions made in the writ application, a counter affidavit has been filed by the respondent no. 7, contending, therein, that the

petitioners have sought reliefs from the Government and not directly against Jharkhand Academic Council and subsequently by filing I.A. No. 15/2015,

the Jharkhand Academic Council has been impleaded as party respondent no. 7 in the present writ application. So far as appointment against the

vacant posts in Jharkhand Academic Council is concerned, it is relevant to mention that the situation prevailing has already been explained by the

respondent no. 7 in a writ petition being W.P. (S) No.1371 of 2010 (Shailesh Kumar & Others-vs.-State of Jharkhand & Ors.) and the said writ

petition has already been disposed of with certain guidelines with respect to the temporary/contractual employees working there. Vide letter dated

11.02.2015, issued by the Principal Secretary, School Education & Literacy Department, Government of Jharkhand, it has been mentioned that the

process of framing of appointment and service condition Rules was in process and finally Jharkhand Academic Council (Appointment & Service

Condition) Rules, 2016 has been notified. Vide order dated 21.05.2010, passed in W.P. (S) No. 1371/2010, an order has been passed that the

respondent no. 7 shall not engage any person either on daily wages basis or otherwise without advertising the said post. It has been further stated that

against the 352 sanctioned post of the Council, presently 360 employees are working, which is more than required number of employees and in the

background of the aforesaid facts, the claim of the petitioners for their appointment cannot be done and hence, the present writ petition is liable to be

dismissed.

A counter affidavit, dated 26.04.2018 has been filed on behalf of the respondents, wherein, it has been, inter alia, submitted that vocational course

are being run to give skill to different set of people for selfemployment or opportunities in open market for employment and altogether vocational

course are being taught in 160 Schools of the State under Vocation Education Scheme of Rashtriya madhaymik Shiksha Abhiyaan Programme

sponsored by the Government of India under 60:40 financial pattern between Central and State. It has been further stated that the programme is

conducted by Vocational Training Partners approved by National Skill Development Council through Tender Process and apart from those schools,

there are 57 + 2 high Schools, where vocational education is being taught under three trades after bifurcation of the State. All the Instructors as well

as Lab Assistants of Vocational Educations have been appointed by erstwhile Government of Bihar. It has been further stated that Post Graduate

Assistant Teachers (PGT) and Headmasters are appointed by the Director, Secondary Education in + 2 High Schools/High Schools States on

recommendation of Jharkhand Staff Selection Commission and Jharkhand Public Service Commission respectively. It has been further stated that

latest vacancy for appointment on 3,080 posts of Post Graduate Trained Teachers has already sent to Staff Selection Commission and the process of

appointment of the same is going on and the Directorate has sent latest vacancy to the staff Jharkhand Selection Commission to start process for

appointment on the 17,784 post of Trained Graduate Assistant Teacher in High School of the State. It has been further stated that after receiving the

recommendation from Staff Selection Commission as well as from J.P.S.C., the process of appointment of post Graduate Teachers and Head Masters

in +2 Schools/High Schools of the State will be started and on receiving the recommendation from the Staff Selection Commission for recruitment on

the post of Assistant Teachers, the Committee headed by the Deputy Commissioner of the District will appoint the Assistant Teachers in different

High Schools. It has been further averred that other than teachers, rest Class III posts are being filled by following due process and open competition

and all departments used to send requisition to Department of Personnel, Administrative Reforms and Rajbhasha, who process it, and send to

Jharkhand Staff Selection Commission for selection of suitable candidates and after recommendation of Jharkhand Staff Selection Commission,

competent appointing authority will make appointment and this transparent system is available to the eligible candidates. In view of the aforementioned

facts, this writ petition is not maintainable and is fit to be dismissed in limine.Â

Learned counsel for the Respondent-State has vociferously submitted that there is absolutely no illegality or impropriety on the part of the

respondents. Learned counsel further submits that two recruitment agencies of the Govt. of Jharkhand, namely, Jharkhand Public Service Commission

(for recruitment on Gazetted posts) and Jharkhand Staff Selection Commission (for recruitment on Non-Gazetted posts) are functional and since 2015,

the State Government has sent requisitions for recruitment on 56,486 different posts of various departments to both the agencies and against those

requisitions, recommendations for appointment on 11.974 different posts have been made available to the State Government and for the residual

requisition, the recruitment is under process. Learned counsel further submits that the petitioners did undergo training on their own volition and the

direction/observation made by the Hon’ble Apex Court in the judgment reported in AIR 1995 SC 1115 is not applicable to the petitioners. Learned

counsel further submits that against the 352 sanctioned post of the Council, presently 360 employees are working, which is more than required number

of employees and in the background of the aforesaid facts, the claim of the petitioners for their appointment cannot be done and hence, the present

writ petition is liable to be dismissed.Â

Having bestowed my anxious consideration to the rivalized submissions of the respective parties and on perusal of the records, the reliefs sought for

by the petitioners to recruit/appoint the petitioners directly on the existing sanctioned and vacant posts in various Government departments does not

warrant interference in view of the following facts and reasons :-

(i) Two recruitment agencies of the Govt. of Jharkhand, namely, Jharkhand Public Service Commission (for recruitment on Gazetted posts) and

Jharkhand Staff Selection Commission (for recruitment on Non-Gazetted posts) are functional and since 2015, the State Government has sent

requisitions for recruitment on 56,486 different posts of various departments to both the agencies and against those requisitions, recommendations for

appointment on 11.974 different posts have been made available to the State Government and for the residual requisition, the recruitment is under

process.

(ii) The petitioners did undergo training on their own volition and the direction/observation made by the Hon’ble Apex Court in the judgment

reported in AIR 1995 SC 1115 is not applicable to the petitioners.Â

(iii) Against the 352 sanctioned post of the Council, presently 360 employees are working, which is more than required number of employees and in

the background of the aforesaid facts, the claim of the petitioners for their direct recruitment/appointment cannot be done.

Resultantly, the writ petition stands dismissed, being devoid of any merit.    Â