SUMAN K SHRIVASTAVA
Ranchi, Sept 1: The Jharkhand High Court today ordered the formation of a one-man judicial commission to investigate alleged large-scale irregularities in the recruitment of Graduate Trained Teachers under Advertisement No. 21/2016. The Court came down heavily on the Jharkhand Staff Selection Commission (JSSC) and the State Government for repeated non-compliance with the Supreme Court’s directions and for failing to present a proper revised merit list.
Court Slams Discrepancies in Appointment Records
The Court observed that the JSSC submitted lists containing “grave and serious mistakes,” including:
- Names of candidates who were absent or did not join in 2019 being shown as appointed.
- Inflated figures of original writ petitioners, despite the State itself admitting their number was only about 370.
- Missing key details such as dates of appointment, joining, roll numbers, and marks obtained.
A single bench of Justice Deepak Roshan noted that such discrepancies raise doubts about the integrity of the recruitment process and pointed to contradictions between State resolutions and affidavits filed by the respondents. Senior lawyer Ajit Kumar appeared for the petitioners, while Advocate General Rajiv Ranjan, along with Sanjay Piparwal, represented the State government and the JSSC.
High Court order CLICK TO READ THE JUDGEMENT
Failure to Follow Supreme Court’s Orders
The High Court expressed strong displeasure over the failure to prepare separate merit lists for already appointed candidates and original petitioners, despite clear orders from the Supreme Court in 2022. It also highlighted that vacancies left by absentees and non-joining candidates were neither surrendered nor offered to more meritorious candidates, causing “serious detriment to the petitioners.”
Judicial Commission Constituted
To ensure impartiality and restore public confidence, the Court has constituted a one-man Fact-Finding Commission headed by Justice (Retd.) Dr. S.N. Pathak, a former judge of the Jharkhand High Court.
The Commission will inquire into:
- Whether revised and other merit lists were prepared as per Supreme Court orders before fresh appointments.
- Whether less meritorious candidates were appointed over eligible petitioners.
- The inclusion of original writ petitioners and already appointed candidates with lower marks.
- Treatment of vacancies from absentees and non-joining candidates.
- Whether rejected candidates were later favoured with appointments.
- Any other related irregularities.
The Commission has been directed to submit its report within three months to the State Government, which must place it before the Council of Ministers and take a final decision within six weeks thereafter.
State Government Directed to Act
The High Court has directed the State Government to:
- Ensure genuine candidates are appointed or adjusted.
- Remove ineligible candidates, if found appointed.
- Initiate departmental or criminal action against erring officials.
At the same time, the Court has protected already appointed candidates from immediate disruption. Any cancellation of appointments found to be illegal will follow due process and give candidates a chance to be heard.
The 2016 Teacher Recruitment Case
- In 2016, the Jharkhand Staff Selection Commission (JSSC) advertised 9,916 posts of Graduate Trained Teachers.
- The recruitment process faced challenges in court over irregularities and reservation-related disputes.
- In August 2022, the Supreme Court directed the State to prepare revised, subject-wise and State-wide merit lists to ensure only eligible candidates were appointed.
- Despite repeated directions, petitioners alleged that less meritorious candidates were favoured while eligible candidates were left out.
- The present High Court order arises from multiple writ petitions claiming violation of Articles 14 and 16 of the Constitution, which guarantee equality and fair opportunity in public employment.
