Jharkhand High Court
Md. Abdul Jabbar vs State Of Jharkhand on 9 May, 2018
Equivalent citations: AIRONLINE 2018 JHA 479
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S).No. 3147 of 2017
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Md. Abdul Jabbar, son of Md. Samiruddin Ansari, resident of village Tisri, P.O. Kurknalo via Konar Dam, P.S. Chatro Chatti, Dist. Bokaro.
... ... ... ...Petitioner
-Versus-
1. State of Jharkhand.
2. The Secretary, School Education & Literacy Department, Govt. of Jharkhand, Ranchi.
3. The Director, School Education & Literacy Department, Govt. of Jharkhand, Ranchi.
4. The Deputy Commissioner, Ramgarh.
5. The District Superintendent of Education, Ramgarh.
... ... ... ....Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioner : Mr. Afaque Ahmed, Advocate
For the Respondents: Mr. A.K. Sinha, AC to GP-I
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04/ 09.05.2018 Heard learned counsel for the petitioner and learned counsel for the
respondents.
2. The petitioner has approached this Court with a prayer for a direction to the respondents to consider the candidature of the petitioner for appointment as Inter Trained Teacher (para category) under Ramgarh district and also for quashing of the letter No. 3053 dated 31.12.2016 issued by the District Superintendent of Education, Ramgarh and further to appoint him on the post of Inter Trained Teacher (para category) in Ramgarh district with all consequential benefits.
3. The factual exposition as has been delineated in the writ petition is that the petitioner passed matriculation examination in the year 2001 from Jharkhand Secondary Examination Board, Ranchi and has obtained 2nd division in the said examination and further passed Intermediate examination in the year 2005 from Jharkhand Academic Council, Ranchi and obtained 2nd division in the said examination. Besides this, the petitioner has also cleared Diploma in Primary 2 Education Examination from IGNOU, Ranchi in the year 2008 and has also qualified the Teachers' Eligibility Test, 2012 of Assistant Teachers for Class-I to V, conducted by Jharkhand Academic Council, Ranchi, (for short "JAC, Ranchi") in the year 2013. It is the further case of the petitioner that on being duly appointed, he joined as para-teacher on 01.10.2003 and has been working on the said post in the Upgraded Middle School, Tisri, Bokaro. A certificate to that effect was issued on 15.06.2015 by the Block Education Extension Officer, Gomia, Bokaro. At the time of joining as para teacher, petitioner possessed the qualification of matriculation and in order to augment his qualification he had taken admission in morning session of Intermediate course in Tenughat Inter College, Tenughat in session 2003-05. The petitioner was registered under JAC, Ranchi having Registration No. R-0134-03. Vide letter dated 19.04.2004, issued by the District Programme Co-ordinator, Jharkhand Education Project, Hazaribagh, a direction was given that such para-teachers who have the qualification of matric pass should ensure passing of Intermediate course within two years from IGNOU or any other Institutions. Further direction was also given that Intermediate pass para teachers are required to obtain training under Diploma in Education from IGNOU besides other directions given in the said letter. In view of NCTE guidelines and in view of further direction issued by State Project Director, Jharkhand Education Project, Ranchi the para teachers were required to obtain intermediate qualification and also training from IGNOU. In pursuance to the aforesaid directions and letters of the NCTE and that of State Project Director, Ranchi, the petitioner has augmented his educational qualification by taking admission in the sessions of 2003-05, attending morning classes.
4. Thereafter, an advertisement being Advt. No. 01/2015 was floated by the District Superintendent of Education, Ramgarh for appointment to the post of Inter Trained/ Untrained Urdu Teachers and eligibility criteria as per Advt. was minimum 50% marks in higher secondary or its equivalent examination and two years' diploma in primary education. Further from para-12 of the said advertisement, it was evident that as per the Jharkhand Primary School Teachers Appointment (1st Amendment) Rules, 2014, 50% vacancies of the teachers were to be filled-up by such eligible para-teachers who have rendered services for at least two years or more as on 1st August of that calendar year as para teacher 3 imparting education in Sarv Shiksha Abhiyan and rest 50% of the posts were to be filled-up from the applicants having non-para teachers eligibility. Petitioner having fulfilled the eligibility criteria as mentioned in the said advertisement has submitted his application for his appointment to the post of Inter Trained Teacher (para category) under Ramgarh District and has been declared successful and his name figured in the merit list at Sl. No. 35 in the Hindi Para 8th provisional merit list. Subsequently, petitioner was called for counseling in the office of District Superintendent of Education, Ramgarh where he submitted his testimonials and the same was duly received by the office of District Superintendent of Education, Ramgarh on 25.01.2016.
5. In view of the counseling, the petitioner was waiting to get a letter of appointment but surprisingly he received letter dated 26.02.2016, issued by the District Superintendent of Education, Ramgarh whereby an explanation was sought for to explain under whose permission, the petitioner has completed Intermediate course on regular basis while working as a para teacher. In compliance of the said letter, petitioner gave explanation and clearly mentioned that he had passed Intermediate exams in the sessions of 2003-05 and had also attended the morning classes with due permission from Village Education Committee of the School. It is also the case of the petitioner that regarding the augmentation of the educational qualification of the petitioner, a verification/ inspection was also made by Block Education Extension Officer, Gomia, Bokaro and the said Authority through his letter dated 02.09.2016 had submitted a report to the District Superintendent of Education, Giridih, mentioning therein that petitioner had obtained the qualification of Intermediate by attending the morning classes in the session 2003-05 with due permission of Village Education Committee. The appointment of the petitioner was made in Upgraded Middle School, Tisri by the Aam Sabha in the proceeding dated 25.09.2003 of the Village Education Committee and the petitioner is imparting education since then on regular basis. Though the petitioner filled all the requisite qualifications and was appointed by the Village Education Committee, the respondents arbitrarily issued letter dated 31.12.2016, cancelling the candidature of the petitioner for his appointment as Inter Trained Teacher (para category) under Ramgarh district on the ground that petitioner has passed Intermediate course on regular basis while 4 working as para teacher. Thereafter, petitioner represented before the respondent- authorities annexing the enquiry report and all the relevant documents regarding his eligibility criteria but the same was not considered and hence, the petitioner has knocked the door of this Hon'ble Court.
6. Mr. Afaque Ahmed, learned counsel appearing for the petitioner strenuously urges that cancellation of the candidature of the petitioner is arbitrary and dehors the rules. Petitioner fulfills all the eligibility criteria required for appointment as Inter Trained Teacher. Even the report of the enquiry conducted by the respondent's official suggests that there was no any illegality in obtaining Intermediate pass certificate and the petitioner had obtained the intermediate certificate in morning sessions and as such, it cannot be said that petitioner has passed the Intermediate course on regular basis while working as para teacher. Even if the petitioner has pursued his Intermediate course while working as para teacher but it has never hampered the work assigned to the petitioner as para teacher. No loss was caused to the Institution as petitioner never absented himself from teaching work, which finds support from Annexure 12/A duly issued by the Principal, Tenughat Inter Mahavidyalaya, Tenughat, Bokaro and as such, the cancellation of candidature of the petitioner is not at all tenable in the eyes of law.
7. Per contra, counter-affidavit has been filed by the respondents. Mr. A.K. Sinha, learned counsel appearing for the respondents vehemently opposes the contention of the learned counsel for the petitioner and by drawing the attention of the Court towards para-13 of the counter-affidavit submits that petitioner was enrolled in the Tenughat Intermediate College for the session 2003-05, prior to his joining as para teacher i.e. 01.10.2003 as a regular student, whereas, petitioner has obtained the 'No Objection Certificate' for enrolment in the intermediate examination by the Secretary and Chairman of the Village Education Committee on 25.03.2004, which clearly shows that the statement made by the petitioner is incorrect.
8. Be that as it may, having gone through the rival submissions of the learned counsel for the parties, this Court is of the considered view that the case of the petitioner needs consideration. The submissions made by the learned counsel for the respondents is not acceptable by this Court in view of enquiry report submitted by the respondents' officials and he after enquiring the matter, 5 found the allegations levelled against the petitioner as baseless. I find that rejection of the candidature of the petitioner vide letter dated 31.12.2016 is not tenable in the eyes of law and hence, fit to be quashed and set aside.
9. Accordingly, letter dated 31.12.2016 is hereby quashed and set aside and the respondents are directed to accept the appointment of the petitioner in the Ramgarh district as Inter Trained Teacher (para category) within a period of four weeks from the date of receipt/ production of a copy of this order
10. Resultantly, the writ petition stands allowed.
(Dr. S.N. Pathak, J.) kunal/-