Jharkhand High Court
Abhilasha Jha vs State Of Jharkhand & Ors on 13 March, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7220 of 2011
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Abhilasha Jha --- --- ---- Petitioner
Versus
The State of Jharkhand through the
Principal Secretary, Human Resources
Development Department & others --- --- --- Respondents
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. Bijay Kr. Pandey & Mr. Sanjay Kr. Pandey, Advocates
For the State: JC to GP-V
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13/ 13.03.2014Heard counsel for the parties.
2. In the present writ application, the petitioner is seeking a direction upon the respondents to recognize / regularize her services on the post of Assistant Teacher in Project Girls High School, Kathikund, District-Dumka with effect from the date of selection of the school as a Project School and consequentially, to pay arrears of salary with effect from 01st January 1989 in view of the provisions laid down in Government Letter no. 142 dated 04th February 1989 issued by the erstwhile State of Bihar through the Human Resources Development Department (Annexure-3), as also in view of the judgment rendered by the Hon'ble Supreme Court in Civil Appeal No. 6626-6675 of 2001 reported in (2006) 2 SCC 545.
3. According to the petitioner, the said school was selected as a Project School on 29th April 1985 by the three men committee constituted in terms of Government Letter No. 142 dated 23rd February 1985. It is contended on behalf of the petitioner that she having a qualification of Graduation, had submitted her joining in the said school on being appointed by the Managing Committee of the school, on 2nd January 1984 pursuant to the appointment letter 24th December 1983. It is further submitted that the name of the petitioner has not been recommended by the three men Alam committee constituted by the Government of Jharkhand pursuant to the direction in the civil appeals, as aforesaid, by the Hon'ble Supreme Court, simply on the ground that she was was not a trained teacher. It has been submitted that the petitioner is a lady and for appointment of such teachers, qualification of teachers' training was not required in view of the Government Letter No. 142 dated 04th February 1989 (Annexure-3). It is further contended that said issue was considered in the Full Bench Judgment of the Patna High Court which has been upheld by the Hon'ble Apex Court.
4. Learned counsel for the petitioner also submits that the teachers belonging to the female category as also those of Scheduled Castes and Scheduled Tribes category, have been regularized, though they were not trained teachers, vide notification contained in Memo No. 424 dated 9th February 2011 issued by the Human Resources Development Department, Government of Jharkhand, copy of which has been produced by the learned counsel for the petitioner and is being kept on record. It is submitted that from the said notification, it would appear that at serial nos. 1 and 2, Sajla Verma and Juhi Kumari who were untrained teachers and were working in Langta Baba Project Girls High School, Mirzaganj, Giridih have been regularized under the said notification, keeping into regard the Circular dated 04th February 1989. Therefore, the petitioner is also entitled to regularization of her services. It has been submitted that the three men Alam Committee constituted by the State Government, as aforesaid, has not recommended the petitioner's name simply on the said ground alone that she was not in the trained category. The said report is at Annexure-7 to the writ application. The said three men Alam Committee report was also challenged by the petitioner through I.A. No. 4773/2013 which prayer was allowed to be incorporated in the main writ application by order dated 04th September 2013.
5. Learned counsel for the respondent State submits that the case of the petitioner has not been recommended on the ground that she has remained as untrained teacher throughout since the date of her appointment made by the Managing Committee of the Project School in question, though there is requirement of obtaining teachers' training qualification. Learned counsel for the respondent State however, is not able to controvert the contention of the petitioner that certain female teachers who were also untrained and serving in such Project Girls High Schools such as referred to above, have also been regularized pursuant to the notification dated 9th February 2011 issued by the Human Resources Development Department, Government of Jharkhand.
6. Having heard the submissions of the rival parties, few facts which are not in dispute in the instant case is that the school in question was selected as a Project School by the three men committee on 29th April 1985. The petitioner having prescribed qualification of Graduation, was appointed by the Managing Committee of the said school on 24th December 1983 and joined as such on 02nd January 1984 prior to taking over of the school in the subject of English. The petitioner subsequently also obtained the Post Graduation Degree in 1993. However, the only reason for rejection of her claim is that the petitioner has remained in untrained category.
7. It appears however that by the notification dated 9th February 2011, certain teachers indicated at serial nos. 1 and 2 belonging to the female category and serving in the said Project Girls High School since the year 1984-85 with the qualification of Graduation and / or Post Graduation, have been regularized in the said school.
8. In the aforesaid facts and circumstances therefore, the writ petition is being disposed of by directing the respondent no. 2 - The Director (Secondary Education), Human Resources Development Department, Government of Jharkhand to consider the petitioner's claim and pass appropriate order in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order along with a fresh representation duly supported with necessary facts and documents, which shall also be communicated to the petitioner. It is made clear that the report of the three men committee which goes against the petitioner on the aforesaid issue, shall not come in the way of respondent no. 2 in taking a fresh decision in the matter.
Needless to say, if the petitioner's services are recognized / regularized in the school in question, the admissible consequential relief shall be released in her favour thereafter within a reasonable time.
The writ petition is disposed of in the aforesaid manner. Pending I.A.s are closed.
(Aparesh Kumar Singh, J) Ranjeet/