Case: Indresh Kumar Mishra and Ors Vs. The State of Jharkhand &amp; Ors

the same view is applicable with respect to the Bachelor degree in History. Therefore, the same analogy is applicable to both – Postgraduate degree in History and Bachelor degree in History. 4.3 It is further submitted by the learned counsel for the respective respondents including those, who have already been appointed that only those candidates, who were having the degrees in History have been selected and appointed. Shri Sinha, learned Senior Advocate appearing on behalf of the impleaders submitted that the already appointed candidates are only those, who were having the Bachelor / Postgraduate degree in History and not in a particular branch of History. 4.4 Making the above submissions, it is contended that the learned Single Judge as well as the High Court have rightly refused to grant any relief in favour of the original writ petitioners on the ground that they cannot be said to be having the requisite qualifications as per the advertisement. 5. We have heard the learned counsel appearing on behalf of the respective parties at length. 6. At the outset, it is required to be noted that in the present appeals, the dispute is with respect to the posts namely, Postgraduate Trained Teacher in History and Graduate Trained Teachers in History/Civics. As per the State, so far as the G.T.T. is concerned, the requirement was a combination of History/Civics. As per the advertisement, a candidate must have the Postgraduate/Bachelor degree in the subject History. So far as the G.T.T. is concerned, the educational qualifications required was Bachelor degree in History as well as Political Science as the requirement was for History/Civics. Therefore, for both the posts namely the Postgraduate Trained Teachers (History) and Graduate Trained Teachers (History/Civics), a candidate must have the Postgraduate/Bachelor degree in History as a whole. 6.1 We have gone through the degrees/ certificates in the case of the respective writ petitioners. It appears that the respective writ petitioners have obtained the Postgraduate degrees/ Bachelor degrees, as the case may be, in one of the branches of History, namely, Indian Ancient History, Indian Ancient History and Culture, Medieval / Modern History, Indian Ancient History, Culture and Archaeology. In our view, obtaining the degree in one of the branches of History cannot be said to be obtaining the degree in History as a whole. As a History teacher, he/she has to teach in all the subjects of History, namely, Ancient History, Indian Ancient History and Culture, Medieval / Modern History, Indian Ancient History, Culture and Archaeology etc. Therefore, having studied and obtaining the degree in only one branch of History cannot be said to be having a degree in History subject as a whole, which was the requirement. All the relevant aspects have been considered and gone into in detail by the learned Single Judge meticulously. 6.2 Now, so far as the reliance placed upon the decision of the learned Single Judge of the Jharkhand High Court in Writ Petition No.1130 of 2017 – Hari Sharma and Ors. Vs. State of Jharkhand is concerned, it is to be noted that the said decision of the learned Single Judge has been stayed by the Division Bench in appeal and the decision is pending. Even the controversy in the said writ petition before the learned Single Judge was with respect to combination post namely, History/Civics and there was no specific controversy like in the present case. 6.3 It is also required to be noted that all the posts advertised have been filled in and the respective teachers are working. 6.4 At this stage, it is required to be noted that even at the request of J.S.S.C. the question, whether, the degrees obtained by the respective petitioners in one branch of History can be said to be sufficient compliance as per the advertisement and can be said to be obtaining a degree in History came to be considered by the Expert Committee and the Expert Committee has opined that the degrees obtained by the respective candidates/petitioners in one branch of History cannot be said to be obtaining the degree in History as a whole and therefore they cannot be said to be having the requisite qualification as per the advertisement. 6.5 As per the settled proposition of law, in the field of education, the Court of Law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the requisite qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter. 6.6 In the present case, the educational qualifications required has been specifically mentioned in the advertisement. There is no ambiguity and/or confusion in the advertisement providing educational qualification and the post for which the applications were invited (History/Civics). There cannot be any deviation from the educational qualifications mentioned in the advertisement. Once having found that the respective writ petitioners – appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was canceled, both the learned Single Judge as well as the Division Bench of the High Court have rightly refused to interfere with the same. We are in complete agreement with the view taken by the learned Single Judge and the Division Bench of the High Court. 6.7 As observed hereinabove in the online applications, it was stated by the respective petitioners that they are having the Postgraduate/Bachelor degree in History and only at the time of verification of the documents, when the respective certificates were produced, at that time only, the authorities came to know that the respective writ petitioners have the degrees in one branch of History and not in History as a whole and therefore the show-cause notices were issued so that the respective petitioners can clarify and satisfy that they are having the requisite qualification of Postgraduate/Bachelor degree in History and after giving them the opportunity, the decision has been taken and that too after obtaining the Expert Committees opinion.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]6. At the outset, it is required to be noted that in the present appeals, the dispute is with respect to the posts namely, Postgraduate Trained Teacher in History and Graduate Trained Teachers in History/Civics. As per the State, so far as the G.T.T. is concerned, the requirement was a combination of History/Civics. As per the advertisement, a candidate must have the Postgraduate/Bachelor degree in the subject History. So far as the G.T.T. is concerned, the educational qualifications required was Bachelor degree in History as well as Political Science as the requirement was for History/Civics. Therefore, for both the posts namely the Postgraduate Trained Teachers (History) and Graduate Trained Teachers (History/Civics), a candidate must have the Postgraduate/Bachelor degree in History as a whole.6.1 We have gone through the degrees/ certificates in the case of the respective writ petitioners. It appears that the respective writ petitioners have obtained the Postgraduate degrees/ Bachelor degrees, as the case may be, in one of the branches of History, namely, Indian Ancient History, Indian Ancient History and Culture, Medieval / Modern History, Indian Ancient History, Culture and Archaeology. In our view, obtaining the degree in one of the branches of History cannot be said to be obtaining the degree in History as a whole. As a History teacher, he/she has to teach in all the subjects of History, namely, Ancient History, Indian Ancient History and Culture, Medieval / Modern History, Indian Ancient History, Culture and Archaeology etc. Therefore, having studied and obtaining the degree in only one branch of History cannot be said to be having a degree in History subject as a whole, which was the requirement. All the relevant aspects have been considered and gone into in detail by the learned Single Judge meticulously.6.2 Now, so far as the reliance placed upon the decision of the learned Single Judge of the Jharkhand High Court in Writ Petition No.1130 of 2017 – Hari Sharma and Ors. Vs. State of Jharkhand is concerned, it is to be noted that the said decision of the learned Single Judge has been stayed by the Division Bench in appeal and the decision is pending. Even the controversy in the said writ petition before the learned Single Judge was with respect to combination post namely, History/Civics and there was no specific controversy like in the present case.6.3 It is also required to be noted that all the posts advertised have been filled in and the respective teachers are working.6.4 At this stage, it is required to be noted that even at the request of J.S.S.C. the question, whether, the degrees obtained by the respective petitioners in one branch of History can be said to be sufficient compliance as per the advertisement and can be said to be obtaining a degree in History came to be considered by the Expert Committee and the Expert Committee has opined that the degrees obtained by the respective candidates/petitioners in one branch of History cannot be said to be obtaining the degree in History as a whole and therefore they cannot be said to be having the requisite qualification as per the advertisement.6.5 As per the settled proposition of law, in the field of education, the Court of Law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the requisite qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter.6.6 In the present case, the educational qualifications required has been specifically mentioned in the advertisement. There is no ambiguity and/or confusion in the advertisement providing educational qualification and the post for which the applications were invited (History/Civics). There cannot be any deviation from the educational qualifications mentioned in the advertisement. Once having found that the respective writ petitioners – appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was canceled, both the learned Single Judge as well as the Division Bench of the High Court have rightly refused to interfere with the same. We are in complete agreement with the view taken by the learned Single Judge and the Division Bench of the High Court.6.7 As observed hereinabove in the online applications, it was stated by the respective petitioners that they are having the Postgraduate/Bachelor degree in History and only at the time of verification of the documents, when the respective certificates were produced, at that time only, the authorities came to know that the respective writ petitioners have the degrees in one branch of History and not in History as a whole and therefore the show-cause notices were issued so that the respective petitioners can clarify and satisfy that they are having the requisite qualification of Postgraduate/Bachelor degree in History and after giving them the opportunity, the decision has been taken and that too after obtaining the Expert Committees opinion.