- (1.) THE petitioner is aggrieved by refusal of recognition of his service by the Three Men Committee in compliance of the direction of the Hon'ble Supreme Court in Civil Appeal Nos. 6626 -6675 of 2001 dated 3rd January, 2006.
(2.) THE petitioner was appointed as Assistant Teacher in Project Girls High School, Saraiyahat, Dumka by the then Managing Committee on 17th February, 1985. At the time of appointment, he was graduate. Subsequently, he obtained training degree of Shiksha Shastri from Varanasey Sanskrit Vishwavidyalaya in 1989 and also. obtained Post Graduate degree from Deoghar College. The then State Government had selected 75 schools in 75 Blocks under the Project Scheme. Subsequently, other project schools were recognised by Three Men Committee, constituted by the State Government. Project Girls High School, Saraiyahat was also brought under the said Scheme with effect from 29th September, 1985. The Government also started making payment of salary to teachers and non -teaching staff on the basis of different departmental circulars issued in 1989. However, several teachers of project schools were yet to get their salary through the Government. Aggrieved by the same, they had preferred several writ petitions and judicial pronouncements were also delivered in their writ petitions. Ultimately, the matter went to the Hon'ble Apex Court. The Hon'ble Apex Court directed the then State of Bihar to constitute Three Men Committee to test the existence of the project schools and examine the genuineness of the claim of the teachers. The State of Jharkhand after its creation also constituted Three Men Committee by Notification No. 1514 dated 20th July, 2006 for taking decision as directed by the Hon'ble Supreme Court for the project schools falling within the territorial jurisdiction of the State of Jharkhand. The said Three Men Committee submitted its report in respect of project schools and the teachers working in the said schools. The said Committee, while examining the affairs of Project Girls High School, Saraiyahat, Dumka, has not approved the petitioner's service as an Assistant Teacher on the ground that he has obtained training degree of Shiksha Shastri from Varanasey Sanskrit Vishwavidyalaya, which comes under the category of fake university. 2009(1) JLJR 348], this Court has held that appointment of a person much prior to coming into force of NCTE Act cannot be cancelled on the ground that the degree was not recognised by the NCTE. He further submitted that similar view has also been taken by this Court in the case of Dinesh Prasad Singh VS. The State of Jharkhand and Ors. [W.P.(S) No. 393 of 2010]. He further submitted that the petitioner has been in long service of the school and he has got the requisite qualification and eligibility for the post of Assistant Teacher. Refusal of approval of his appointment and long service on the ground that the University, which issued the degree, is fake, being not recognised by the NCTE, is wholly arbitrary and unjustified, as the NCTE came in existence several years after the petitioner obtained his training degree in 1989. 5. Learned J.C. to G.P. -III, opposing the writ petition submitted that the Three Men Committee has considered the qualification and degree of the petitioner and has found that the training degree of Shiksha Shastri has been obtained by the university, which is in the category of fake university. The petitioner has, thus, no valid eligibility to hold the post of Assistant Teacher in the School and the Committee has rightly refused to approve his service. Learned counsel, however, has not disputed that the petitioner obtained the degree of Shiksha Shastri in the year 1989 much before coming into force of the NCTE Act. 6. Considering the facts and circumstances of the case, I find no justification for refusing approval of the petitioner's service on the aforesaid ground. Since the NCTE Act came into force with effect from July, 1995, a degree given by the said University in 1989 cannot be negated on the ground that the University was not recognised by the NCTE. Holding the University fake on that ground alone is wholly arbitrary and unjust. 7. in view of the above, part of the Committee's report pertaining to the petitioner is quashed. The matter is remitted to the Secretary, Human Resources Development Department, Government of Jharkhand -Respondent No.1 to consider the petitioner's claim and take appropriate decision in accordance with law within a period of six weeks from the date of receipt/production of this order. This writ petition is, accordingly, disposed of. ;