Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties. The petitioner was aggrieved against the selection and appointment of the respondents no. 6 -Farukh Ahmad who, according to him, had produced a forged certificate in order to obtain appointment as Para Teacher in Upgraded Primary School, Sidhpur, Patan, Palamau.
(2.) THE petitioner submitted that in spite of earlier order contained in Annexure -5 to withhold the salary of the said respondent no. 6, the respondent no. 4 -The District Superintendent of Education, Palamau vide Annexure -9 dated 15th February 2010 chose to revoke the order and allowed payment of salary to the private respondent. In such circumstances, the petitioner had approached this Court seeking a direction upon the respondent to cancel the appointment of the respondent no. 6 and appoint him as he has got higher marks. Respondents have appeared and filed their counter affidavit. They have admitted in para -2 to 7 of their counter affidavit filed on 24th July 2012 that the petitioner had got 47% marks in Intermediate of Arts Examination, while the respondent no. 6 had got 45.11% marks and had got selected fraudulently. Thereafter, the respondent Deputy Commissioner, Palamau passed an order for removing the respondent no. 6 from the post of Para Teacher and to lodge FIR against him as also to recover the entire amount received by him as Honorarium by initiating a certificate proceeding. However, in the earlier counter affidavit, respondents have taken a stand that after implementation of Right of Children to Free and Compulsory Education Act, 2009, no untrained candidate can be selected as a Para Teacher.
(3.) COUNSEL for the petitioner submits that the cause of action of the petitioner arose before coming into force of Right of Children to Free and Compulsory Education Act, 2009 which was made effective from 1st April 2010. In such circumstances, the case of the petitioner should be reconsidered by the respondents in accordance with law.;