HUBLAL MAHATO Vs. THE STATE OF JHARKHAND & OTHERS
LAWS(JHAR)-2013-9-126
HIGH COURT OF JHARKHAND
Decided on September 10,2013

Hublal Mahato Appellant
VERSUS
The State of Jharkhand and Others Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties. The grievance of the petitioner is that though, he belongs to the OBC category having qualification of M.Sc. with B.Ed, but he has not been selected by the Village Education Committee for appointment as Para Teacher, rather respondent no. 5 who is a lady, having lesser qualification of BA. with B.Ed, has been selected and appointed as such.
(2.) IT is the case of the petitioner that earlier, he has preferred a representation in the nature of an appeal on his non -selection as a Para Teacher on 6th March 2012 (Annexure -3) before the Respondent No. 2 - Deputy Commissioner, Bokaro. However, since the Deputy Commissioner was not taking any decision in the matter, he has preferred this writ application. Respondents in their counter affidavit, have stated that the petitioner should have preferred an appeal before the Deputy Commissioner, Bokaro as permissible in respect of the grievance relating to non -selection as a Para -Teacher in any such exercise conducted by the Village Education Committee for such appointment. In such circumstances, learned counsel for the petitioner submits that the concerned respondent may be directed to consider his appeal and decide the same in accordance with law. I having heard counsel for the parties. Since a stand has been taken by the respondents that the remedy of appeal is already there and the petitioner is willing to invoke the said remedy, without making comments on the merits of the case, the writ petition is disposed of with liberty to the petitioner to prefer a duly constituted appeal before the respondent no. 2 - Deputy Commissioner, Bokaro within a period of two weeks, together with all supporting facts and documents. On receipt of such appeal/representation, the Deputy Commissioner, Bokaro shall consider the same in accordance with law and after giving opportunity to the parties including the selected candidate, shall take a decision within a period of eight weeks thereafter, which shall also be communicated to the parties. The writ petition stands disposed of with the aforesaid observations and directions. ;


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