IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4280 of 2012 Rajesh Kushwaha son of Chandrika Prasad, resident of village chandramani, P.O. & P.S. Suriya District-Giridih …… Petitioner Versus 1.State of Jharkhand 2.The Deputy Commissioner, Giridih P.O. & District-Giridih 3.District Superintendent of Education-cum-District Programme Office, P.O. & P.S. & District-Giridih 4.Block Education Extension-cum-Block Research Centre Cordinator, P.O. & P.S. Bagodar, District-Giridih 5.President Village Education Committee Baledih Anchal, Bagodar, P.O. Baledih P.S. Bagodar, District-Giridih 6.Secretary, Village Education Committee, P.O. Baledih P.S. Bagodar, District-Giridih …… Respondents --------- CORAM: HON’BLE MR. JUSTICE PRAMATH PATNAIK --------- For the Petitioner : Mr. Ramawatar Sharma, Advocate For the Respondents : J.C. To S.C.II0908.09.2016 In the accompanied writ petition, the petitioner has, inter alia, prayed for a direction upon the respondents to recommend for appointment on the post of Para Teacher in Upgraded Middle School, Baledih Anchal, Bagodar, District-Giridih as per the recommendation made by the members of the Village Education Committee, Bagodar, Giridih.
2. The factual matrix, as has been delineated in the writ petition in a nutshell, is that in pursuance to order of respondent no.3 vide letter no.3624 published on 03.02.2010 for appointment of Para Teacher to fill up the vacant posts, the Village Education Committee, Baledih on 08.02.2010 held a meeting in presence of villagers for selection of suitable candidates to be appointed in Upgraded Middle School, Baledih Bagodar, Giridih. The petitioner having all requisites qualification for appointment to the post of Para Teacher, was duly selected by the Village Education Committee. It has been submitted that petitioner along with Santosh Kumar Das and Rajesh Kumar Rana were recommended by the Village Education Committee for approval of the Block Education Committee. But for the reasons best known to the authorities, the case of one Santosh Kumar Das has been considered and the case of petitioner and another, who were similarly situated, have not been considered by the Block Education Committee.
3. Being aggrieved by the action of Block Education Committee, the petitioner filed representation before the competent authority, but no order has been passed on his representation and, as such, the petitioner left with no other alternative, efficacious and speedy remedy, has been .2. constrained to approach this Court for redressal of his grievance under Article 226 of the Constitution of India.
4. Learned counsel for the petitioner submits that the petitioner having got all requisites qualification was duly selected by the Village Education Committee and his case was recommended for selection before the Block Education Committee but due to some extraneous consideration, they did not select the petitioner without any plausible and justifiable reasons. Counsel for the petitioner further submits that in spite of vacancies, non-selection of appointment of the petitioner amounts to violation of Articles 14 and 16 of the Constitution of India and the petitioner has been subjected to hostile discrimination. During course of hearing, learned counsel for the petitioner has referred to Annexure-3 series to the writ petition and submits that for approval, the selection list of the candidates by the Aam Sabha was sent to Block Education Committee and the said selection was completed on 11.02.2010, as revealed from Annexure-A of the counter affidavit.
5. Controverting the averment made in the writ petition, a counter affidavit has been filed on behalf of respondent nos.3 & 4.
6. Learned J.C. To S.C.II, appearing on behalf of the State, has vehemently opposed the submission made on behalf of the petitioner and submitted that in the light of advertisement, an Aam Sabha was convened under the supervision of Village Education Committee of the said school for selection of three Para Teachers in accordance with the norms and rules of the Government on 08.02.2010 in which for the post no.1 Rajesh Kumar Rana for Post no.2 Rajesh Kushwaha and for the post no.3 Santosh Kumar Das were selected. Accordingly, the Village Education Committee remitted selection list of above noted candidates for approval to the Block Education Committee, Bagodar alongwith all the relevant documents. On receipt of the said selection list, the Block Education Committee, Bagodar in its meeting held on 11.02.2010 on consideration decided for the re-selection of Para Teacher for Post no.2, namely, Rajesh Kushwaha while the selection of Santosh Kumar Das of post no.3 was approved and the proceeding of meeting held on 11.02.2010 is annexed as Annexure-A to the counter affidavit. It has been further submitted that subsequent thereto Right to Education Act came into force and implemented w.e.f. 01.04.2010. In the light of the provision of the Right to Education Act, untrained candidates are not eligible to be selected on the post of Para Teachers. The educational qualification of the petitioner was simple B.A. with English and at present there is no scope for the petitioner .3. to be appointed on the said post.
7. During pendency of the writ petition, on 03.08.2016, learned S.C. II was directed to obtain instruction regarding the vacancy position of Para Teachers in the Upgraded Middle School, Baledih in the district of Giridih and a supplementary counter affidavit has been filed on behalf of respondent no.3 dated 06.09.2016 wherein it has been submitted that at present in the concerned school UMS Baledih, Anchal-Bagodar, two posts of the Para Teacher are lying vacant till now. It has been further submitted that subsequent thereto Right to Education Act came into effect on 01.04.2010 and in the light of provision of the Right to Eduction Act and as per Memo of JEPC/SSA No.1253 dated 25.06.2012, only trained and TET(Teacher Eligibility Test), qualified candidates are eligible to be selected on the post of Para Teacher.
8. Having heard learned counsel for the parties at length and on consideration of the documents available on record, I am of the considered view that the petitioner has been able to make out a case on the following facts and reasons: Undisputedly, the petitioner was having requisite qualification pursuant to the advertisement for selection by the Aam Sabha under the supervision of Village Education Committee as Para Teacher. But ultimately, one of the candidates, namely, Santosh Kumar Das was selected and the Block Education Committee decided for re-selection of the petitioner as Para Teacher. But at the relevant point of time, there was no occasion not to select the petitioner and non-selection of the petitioner without any reason amounts to violation of Articles 14 & 16 of the Constitution of India. Notwithstanding the vacancies, the action of the Block Education Committee in not selecting the petitioner to the post in question cannot be countenanced in the eye of law. In the instant case, if there is vacancy and if the petitioner has fulfilled all the eligibility criteria for selection, there is no reason not to select the petitioner. In absence of any cogent reason, the petitioner has a right to be considered for selection to the post in question. So far as Right to Education Act is concerned, that came into effect on 01.04.2010 as evident from Annexure-3 series to the writ petition. So, the qualification of TET would have no application retrospectively to the selection prior to Right to Education Act came into force w.e.f. 01.04.2010.
9. In view of the reasons stated herein above and as a logical sequitur to the aforesaid reasons, it would be in the fitness of things to direct the respondents to consider the case of the petitioner for .4. appointment to the post of Para Teacher in Upgraded Middle School, Baledih Bagodar in the district of Giridih in accordance with law within a period of twelve weeks from the date of receipt/production of a copy of this order.
10. With this observation, this writ petition stands disposed of. (Pramath Patnaik, J.) s.b.