Aparesh Kumar Singh, J. - (1.) BY this writ petition, the petitioners have sought for cancellation of appointment of respondent nos. 5 and 6, who have been appointed on the post of Para Teacher in Primary School, Panjania, District -Jamtara. The petitioners have also sought for directing upon the respondents to consider their case for appointment on the post of Para Teacher in Primary School, Panjania, District -Jamtara. According to the petitioner, as per the scheme of the government under the Jharkhand Education Project, advertisement were issued, which is contained as Annexure -1 whereunder the appointment of Para Teacher in Primary School, Panjania, District Jamtara were conducted as per the teacher student ratio 40:1.
(2.) THE petitioner no. 1 claims herself to have passed Madhyamic Pariksha (Secondary Examination) in the year 1996 in support of which she has annexed the mark sheet and certificates as Annexure -2 and 2/A. Petitioner no. 2 has passed her Matriculation Examination in the year 1994 and Intermediate Examination in the year 1997, photocopies of the mark sheets are annexed as Annexure -3 and 3/A. According to the petitioner no. 1, she belongs to OBC female category while the petitioner no. 2 belongs to ST female category, caste certificates are annexed as Annexure -4 and 4/A. The petitioners are aggrieved as respondents have appointed respondent nos. 5 and 6 on the post of Para Teacher ignoring the claim of these petitioners and also overlooking conditions prescribed in the advertisement whereunder first preference is to be given to female candidate respectively in the order of Scheduled Tribe, Scheduled Caste, OBC and General category before making appointment from the second preference category of male in the same order.
(3.) LEARNED counsel for the petitioners has assailed the impugned action of the respondents on the ground that their candidature were never considered when the Village Education Committee meeting was convened for which he relies upon the minutes of the committee annexed as annexure -A to the counter -affidavit of the private respondent as well as the respondent -State, held on 26.06.2004. Learned counsel for the petitioners has also assailed the ground made in the counter affidavit whereby on the one hand respondents have claimed that they never appeared before the said committee on the other hand it has been stated that petitioner no. 2 is married at village Amoi in Mihijam, which is about 26 Kilometers from the said school in the village Panjania although she belongs to the Scheduled Tribe category. According to the petitioner, the respondents have also ignored the claim of the petitioner no. 1 being of female category from OBC category by stating that she was not considered as she does not belong to ST/SC category while respondent no. 5 and 6 being male SC and ST candidates have been appointed.;