LexSTATE OF JHARKHAND & ORS. versus ASHOK KUMAR DANGI AND OTHERS
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A B c [2011) 7 S.C.R. 748 STATE OF JHARKHAND & ORS. v. ASHOK KUMAR DANGI AND OTHERS (Civil Appeal Nos. 8118-21 of 2010) JULY 4, 2011 [G.S. SINGHVI AND CHANDRAMAULI KR. PRASAD, JJ.] Service Law: Recruitment to the posts of Primary School Teachers in State of Jharkhand - Eligibility - Claim of candidates holding C.P.Ed./Dip. P.Ed. - Division Bench of High Court directing to fill up 5% of total vacancies by Physical Trained 0 candidates taking into account the policy of State of Bihar - HELD - How many posts of Primary School Teachers would be filled up by Physical Trained candidates, is essentially a question of policy for the State to decide - High Court erred in relying on the policy of the State of Bihar and directing for E filling up 5% posts of the Primary School Teachers by Physical Trained candidates - The Act and the Rules governing appointment in the State of Bihar do not govern appointment in the State of Jharkhand and those have specifically been repealed by r. 16 of the Rules - However it is deemed expedient that in case the authorities have not F framed any policy, they should frame a policy before it initiates its next process of appointment - Jharkhand Primary Teachers' Appointment Rules, 2002 - rr. 2(b), (iii) and r.16 - Constitution of India, 1950. G Constitution of India, 1950: Article 226 - Direction by Division Bench of High Court in writ appeals to authorities to fill up 5% vacancies of Primary School Teachers by physical trained candidates - HELD: At H 748 STATE OF JHARKHAND & ORS. v. ASHOK KUMAR 749 . DANGI no point of time the writ petitioners had challenged the A amendment of Rules or the corrigendum issued by the Commission -Neither any statute nor rule nor the policy of the State of Jharkhand provide for filling up cerlain percentage of the posts of Primary School Teachers by candidates trained in physical education - Any direction to the State B Government to make appointment of Physical Trained candidates as Primary School Teachers would tantamount to framing a policy and any such direction in matters of policy is uncalled for - Jharkhand Primary Teachers' Appointment Rules, 2002. c The Jharkhand Public Service Commission, in exercise of the power under r. 3 of the Jharkhand Primary Teachers' Appointment Rules, 2002, by advertisement dated 24-8-2002, invited applications for filling up the vacancies of teachers in Government Primary Schools. D Rule 2(b) of the Rules was amended by Jharkhand Primary Teachers' Appointment (Amendments) Rules, 2003 published on 6-3-2003, prescribing in clause (iii) of r.2(b) of the Rules, "C.P. Ed. or Dip. P. Ed only for the physical trained teachers". Consequently, the E Commission published corrigendum dated 22-4-2003 and provided that the candidates holding C.P.Ed./Dip.P.Ed. will be deemed eligible for appointment against vacancies for the posts of Physical Trained Teachers only. F A writ petition was filed before the High Court, inter a/ia, praying for issuance of a writ in the nature of mandamus commanding the State Government and its functionaries to consider the cases of candidates with G C.P. Ed. or Dip. P. Ed, also for appointment against the entire vacancies of Primary School Teachers. The Single Judge dismissed the writ petition. However, in the appeals filed by the writ petitioners, the Division Bench ·of the High Court gave direction to make appointment of H 750 SUPREME COURT REPORTS [2011] 7 S.C.R. A Physical Trained candidates on 5% of the total vacancies of Primary School Teachers taking into account the policy of the State of Bihar. Aggrieved, the State Government filed the appeals. B Allowing the appeals, the Court HELD: 1.1. It is well settled that the State Government must have liberty and freedom in framing policy. How many posts of Primary School Teachers be filled up by Physical Trained candidates, is essentially a question of C policy for the State to decide. In framing of the policy, various inputs are required and it is neither desirable nor advisable for a court of law to direct or summarise the Government to adopt a particular policy which it deems D fit or proper. [para 11] [759-G-H; 760-A-B] 1.2. In the instant case, the candidates trained in teaching claim that the posts of Primary School Teachers be filled by them and Phy~ical Trained candidates be considered for Physical Trained Teachers only; whereas E Physical Trained candid
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