The Supreme Court has upheld the judgement of a division bench of the Jharkhand High Court which in July last year had set aside an order by a single bench on the appointment of 13,000 primary teachers.
Several aspirants had challenged the Division bench order in the Apex Court which in a hearing recently has dismissed their petition.
The case relates to a public advertisement for the post of primary teachers which was initially given by the State Government on March 26, 2011, giving cut-off date as 01.07.2011. However, the said advertisement and selection process was quashed by the High Court. The State Government challenged the HC order in the SC which refused to interfere.
Thereafter, the State Government enacted Jharkhand Primary School Teachers Recruitment Rules, 2012 making the selection process more transparent. Under new rules, TET was to be conducted and cleared by those candidates who are seeking appointment as teachers. This TET examination was over and above the general selection process for the Primary Teachers.
TET examination was advertised in 2012 and its result was declared in 2013 making the successful candidates eligible to compete with each other in a public advertisement for the post of primary teachers. A fresh public advertisement was issued for the post of primary teachers in November, 2013, prescribing cut-off date as August 1, 2013 to calculate maximum age limit for different categories of the applicants.
However, the aspirants challenged the new cut-off date and a single bench quashed the government decision.
A Division bench headed by Acting Chief Justice D N Patel, however, set aside the single Bench order, saying it ought to be kept in mind that whenever any cut-off date is prescribed by the Government for the calculation of the maximum age limit, there are bound to be few candidates who are over aged. “There are bound to be few candidates who are falling on a wrong side of the cut-off date. That does not mean that the cut-off date prescribed by the Government is arbitrary, the judgement inked by Justice Patel observed.
“It should not have been endeavour of the court,… to accommodate as many persons as we can otherwise, there will be no cut-off date which can be prescribed because whenever any cut-off date is prescribed few persons will be age barred,” the Court observed.
The court further observed that prescribing a particular cutoff date is a policy decision of the Government. “In different public advertisement, different will be the cutoff date for calculating the maximum age limit. Whenever huge vacancy for any post, like police or primary teachers is there with any Government, the selection process will take place, through a number of public advertisements that does not mean that whatever the cutoff date is prescribed in the 1st advertisement should also be continued in the 2nd public advertisement,” the court commented. The court pointed out that already, enough age relaxation has been given in the 2nd public advertisement published e.g. for SC or ST candidates maximum age limit is 40 years. “If he is a person with a disability his maximum age limit will be 40+5 under rules. Thus, 40+5+5=50. Thus, a candidate of 50 years can also apply for a post, for which the age of superannuation is 60 years. If this Court is again giving further relaxation in age, perhaps, before a couple of months of his retirement, few candidates, can be appointed which is also not permissible in the eye of law. Which person of maximum age should be appointed as a primary teacher is to be decided by the Government which is known as a policy decision.”
“Charity beyond law is a cruelty to others. If this court is refixing the cutoff date as 01.07.2011, then it will cause further injustice to other candidates who are still waiting for more age relaxation and perhaps, there is no end to such type of age relaxation to be given by this court,” the court observed.