Sunil Kumar Pandey vs The State of Jharkhand

Aparesh Kumar Singh, J.—Heard counsel for the parties.

By the impugned order bearing memo no. 179 dated 28th January 2013 (Annexure-7), issued by the Respondent No. 5 - Superintendent of Police, Koderma, petitioner has been dismissed from service on the ground that the certificate of Class-VII pass which he had produced, was obtained from the school which was not recognized by the State Government and had been granted recognition after eight years of passing out of the petitioner.

As per the Advertisement No. 01/2010, the minimum educational qualification prescribed for appointment to the post of Constable was 7th Pass from the educational institution recognized by the State Government within the State of Jharkhand (Annexure-1). The petitioner was selected and was appointed on the basis of School Leaving Certificate obtained from Amoli Apurwa High School at Mangandh, Chauparan, Hazaribagh (Annexure-4) and residential certificate (Annexure-3) produced by him. The said certificate at annexure-4 shows that the petitioner had entered the said school on 23rd March 1998 and left the school on 9th March 1999 while he was studying in Class-VIII which indicates that he had passed Class-VII Exam from the said school. Petitioner was served with the show-cause notice vide annexure-6 dated 31st December 2012 to reply as to why he be not terminated from service as his educational certificate was obtained from the school which was not recognized by the State Government, as per the terms of the Advertisement and relevant provisions of the Police Manual. The petitioner seems to have submitted his reply, which however could not give satisfactory answer as the school itself was recognized by the State Government upon the recommendation of the Jharkhand Academic Council, Ranchi in the sessions 2008-09 vide annexure-5 letter dated 22nd November 2008 issued by the Secretary, Jharkhand Academic Council, Ranchi. Therefore, the petitioner''s services has been terminated by the impugned order.

Counsel for the petitioner submits that at the time the petitioner has obtained the School Leaving Certificate in the year 2010, the school had already been recognized. Therefore, the said ground could not have been taken to terminate his service. He has also relied upon a judgment rendered in LPA No. 419/2013 [Nirmal Kumar Tiwary vs. State of Jharkhand & others) on 7th July 2014.

However, it is apparent from the School Leaving Certificate that the petitioner had left the school on 9th March 1999 after having passed Class-VII Exam from the said school which got recognition only in sessions 2008-09, as per annexure-5. Therefore, the school was not the recognized school in terms of the advertisement in question. Further, judgment rendered in the case of Nirmal Kumar Tiwary (Supra) shows that the appellant after passing Class-VII Exam from the school which was not recognized by the Government, has also passed Class-VIII Exam from the Government School. Therefore, learned Division Bench in the case of the said appellant, found that the requirement of obtaining requisite educational qualification from the school recognized by the Government School, has been fulfilled by the said appellant and his termination was therefore interfered with.

In the instant case, admittedly the petitioner had passed the Class-VII Exam from the school which was not recognized at the relevant point of time in the year 1999. The order impugned has been passed after giving due opportunity of show-cause to the petitioner and the reasons indicated therein do not suffer from any legal infirmity either. The writ petition is accordingly dismissed.