JUDGEMENT
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(1.) THE petitioner has approached this Court seeking quashing of order dated 10.10.2012 whereby the claim of the petitioner for appointment against the 3rd post of Para Teacher in Upgraded Middle School, Banlotwa has been rejected.
(2.) THE brief facts of the case are that, pursuant to an advertisement published in local newspaper 'Hindustan' on 06.11.2008 for appointment of 141 Para Teachers in Upgraded Middle Schools, the petitioner applied and in the meeting held on 10.08.2009, the name of the petitioner for appointment against the 3rd post of Para Teacher was recommended. However, the petitioner was not given any appointment and the petitioner approached this Court in W. P. (S) No. 1559 of 2012 which was disposed of by order dated 03.04.2012 directing the respondent no. 3 to decide the claim of the petitioner by a speaking order. The claim of the petitioner has been finally decided by the respondent authority by order dated 10.10.2012. On being dissatisfied, the petitioner has approached this Court challenging the order dated 10.10.2012.
A counter affidavit has been filed on behalf of the respondent no. 4 stating as under: 8. "That it is humbly stated and submitted that on publication of notice the petitioner had applied for selection of Para Teacher relying upon the 3rd criteria of the notice, the educational qualification of the petitioner is only I.Sc. pass whereas the minimum qualification for selection of 3rd Para Teacher was at least Arts graduate with I.Sc. pass along with English as one of the subject.
Surprisingly the petitioner was wrongly selected by the Aam Sabha and his name was recommended to the Block Level Education Committee for approval.
9. That it is humbly stated and submitted that it is not out of place to state here that Block Level Education Committee is the competent forum for approval of selection of Para Teacher. Block Level Education Committee is also competent authority/forum to reject/selection and/or to return back to reconsider the selection of Para Teacher, in case, if selection has not been made as per the norms of the Jharkhand Education Project.
Since the educational qualification of the petitioner is only I.Sc. pass i.e. lower eligibility educational qualification her name was not approved by the Block Level Education Committee.
(3.) A supplementary counter affidavit has also been filed by the respondent no. 4 bringing on record an office order dated 14.11.2008 whereby the minimum eligibility of educational qualification for the 3rd post of Para Teacher was amended by incorporating "in absence of a Para Teacher having educational qualification of B.Sc., a person having the qualification of B.A., who has passed the intermediate in Science examination .;
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