JYOTI SURIN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE proposal for approval of the petitioner's appointment and her preposition statement has been rejected by the Director, Primary Education, Government of Jharkhand vide memo No. 208 dated 10.4.2014 (Annexure -10) on the ground that she does not fulfill the eligibility criteria as prescribed in the notification of the N.C.T.E. dated 23.8.2010. The District Superintendent of Education, Simdega has also passed a similar order of rejection vide memo No. 815 dated 5.7.2014 (Annexure -13) on the aforesaid claim of the petitioner taking the ground that passing of the Teachers Eligibility Test is mandatory which as not been complied by the petitioner in terms of the notification dated 23.8.2010 (Annexure -2).

(3.) LEARNED counsel for the petitioner submits that passing of the Teachers Eligibility Test for appointment in an aided or unaided minority school is no longer mandatory in view of the Constitution Bench judgment rendered by the Hon'ble Supreme Court in the case of Pramati Educational and Cultural Trust & ors. vs. Union of India & ors, reported in : 2014 (2) JLJR (SC) 505. The said judgment is dated 6.5.2014 (Annexure -11) and the impugned order has been passed by the Director, Primary Eduction just one month before that which requires reconsideration. It is submitted that the Director, Primary Education has himself issued directions to all the District Superintendent of Education on 22.5.2014 (Annexure -12) for sending the proposal of appointment and preposition statement of such Teachers of aided or unaided minority school within the State. It is therefore, submitted that the matter should be remanded to the respondents to take a fresh decision in the matter of approval of petitioner's appointment and also her preposition statements so that the current and arrears of salary due to her may be released from the date she has been working in the said school in question.