Aparesh Kumar Singh, J. - (1.) THE contention of the petitioner is that the respondents are not regularizing his service as Assistant Teacher in Project Girls High School, Barkattha, Hazaribag based upon the three men committee report submitted to the Department of Human Resource and Development, Government of Jharkhand. The grounds for not recognizing the petitioner's service is that he has attained Teachers Training qualification from Sister Nivedita College in the year 1991, which was not recognized. Learned counsel for the petitioner, however. submits that such issue is not res integra in view of the judgments rendered by this Court in several such cases one of which is in the case of Dinesh Prasad Singh v. State of Jharkhand & others in W.P.S. No. 393 of 2010 dated 13.9.2010 (Reported in 2011 (1) : AIR Jhar R 345) and another in the case of Sukhdeo Gope v. The State of Jharkhand & others, in W.P.S. No. 5161 of 2009 dated 22.2.2012. According to the petitioner in similar circumstance the person who had obtained degree from Sister Nivedita College before coming into force of N.C.T.E. Act w.e.f. 1.7.1995 was directed to be regularized in the Project Girls High School, Bahragora, East Singhbhum. The said judgment is annexed to the writ petition as Annexure -11.
(2.) COUNTER -affidavit has been filed on behalf of the respondents stating that petitioner was not found possessing Teachers Training qualification at the time of his appointment before 1.9.1989. Therefore, the three men committee report has found his case not eligible for such regularization. Since the petitioner has categorically relied upon the judgment referred to hereinabove (supra), the respondents shall, therefore, examine the same and file counter -affidavit within three weeks as to whether there are any distinguishing features in the present case to that of the judgments relied upon by the petitioner in W.P.S. No. 393 of 2010 and W.P.S. No. 5161 of 2009. List this case in the last week of September, 2013 under the same heading along with W.P.S. No. 4920 of 2012 as according to the petitioner similar issues are involved in the said writ application in respect of teacher of the same school.;