- (1.) This appeal is directed against the judgment dated 20.5.2009 passed in W.P.(S) No. 106 of 2007 whereby the learned Single Judge dismissed the writ petition filed by the petitioner-appellant wherein appointment of respondent No. 5 as Para-Teacher was challenged.
(2.) The facts of the case lie in a narrow compass: In January, 2006, an advertisement was issued by the concerned respondents for appointment of teachers for the Primary Schools under the scheme of District Level Jharkhand Education Project Council. The minimum qualification fixed in the advertisement was Intermediate. Further, it was mentioned in the advertisement that in case of two persons having identical/similar qualification, then preference will be given to Intermediate (Science) candidates. Further condition was laid down that preference will be given to those who are highly qualified. Both the appellant (writ petitioner) and respondent No. 5 applied for the said post On the one hand, qualification of the appellant was M.A. with Basic Teachers' Training, whereas qualification of respondent No. 5 was only I.Sc. In spite of the condition put in the advertisement, respondent No. 5 was selected for the said post.
(3.) Petitioner-appellant then moved this Court by filing W.P.(S) No. 106 of 2007 challenging the appointment of respondent No. 5 on the ground inter alia that appellant possessing higher qualification i.e. M.A. with Basic Teachers' Training, but respondent No. 5 who was got qualification of I.Sc. only, was selected for appointment on the post of Teacher. Respondent filed counter affidavit and the learned Single Judge dismissed the writ petition relying on the statements made in the counter affidavit that the post advertised was for Intermediate Science Teachers and therefore, (since respondent No. 5 was holding qualification of LSc., he has been selected.;