- (1.) HEARD learned counsel for the parties. These seven petitioners have been appointed on compassionate ground on account of death of their father/mother/husband by the decision of the District Establishment Committee, Koderma dated 10.9.2012 by office orders dated 20.9.2012 contained in Memo nos. 1334 and other memo numbers. The petitioners undisputedly fulfill the educational qualification of having the required qualifying marks in Intermediate. They have also joined the respective Primary Schools on different dates on the post of Primary Teacher as per Annexure2 series as per their submissions.
(2.) ACCORDING to learned senior counsel appearing on behalf of the petitioners, the appointment of these petitioners have been made in view of the decision conveyed through memo no. 129 dated 16.1.2008 issued by the Secretary, Human Resources Development Department, Government of Jharkhand, which is at Annexure3. As per the said resolution, dependents of the employees of Education Department, dying in harness, were eligible for compassionate appointment as Assistant Teacher in Primary Schools in pre revised scale of Rs. 3050 4590. The said resolution also stipulates that upon their appointment, they were required to undergo compulsory training of two years in a Training Institute, approved by the National Council of Teachers' Education (for short 'N.C.T.E.') and to be posted in respective Primary Schools thereafter. The said resolution also stipulates that such incumbents should at least have a qualification of 45 per cent marks in Intermediate for the general category and 40 per cent marks for the scheduled caste and scheduled tribes category. In view of the aforesaid resolution, the Jharkhand Primary School Recruitment Rules, 2002 (for short the 'Rules, 2002') read with such amendments, introduced in 2002, 2003, 2006 and 2007 are amended accordingly. It is contended on behalf of the petitioners that such appointments were made in accordance with the Rules, 2002, in vogue, as also the scheme for compassionate appointment, which is an exception to the general mode of recruitment upon consideration of all eligible candidates. The petitioners have also been recommended for training by Annexure 7 dated 18.10.2002 issued by the District Superintendent of Education cum Sub Divisional Education Officer, Koderma. It is further submitted that thereafter appointments of these petitioners have been sought to be terminated by Annexure9 dated 7.3.2013 contained in Memo no. 201 issued by the District Superintendent of Education cum SubDivisional Education Officer, Koderma on the basis of decision taken by the District Compassionate Committee on 15.2.2013. These petitioners are now going to be appointed as clerks in the District Collectorate as also in the Education Department, Government of Jharkhand against the vacant posts. Consequent to issuance of the aforesaid order at Annexure 9, the petitioners are aggrieved as their appointments are being terminated. Learned senior counsel appearing on behalf of the petitioners submits that the aforesaid circular contained at Annexure3 dated 16.1.2008 has been revoked much later after their appointments by a resolution contained in memo no. 945 dated 13.5.2013 issued by the Principal Secretary, Human Resources Development Department, Directorate of Primary Education, Government of Jharkhand. It is submitted that the sole ground to cancel the appointment of the petitioners as Assistant Teacher in the Primary Schools on compassionate ground is that they have not fulfilled the necessary eligibility criteria of having passed the Teacher's Eligibility Test, which is a mandatory requirement under the Right of Children to Free and Compulsory Education Act, 2009. However, it is further submitted that the petitioners at the relevant point of time fulfilled the necessary eligibility criteria as per Annexure3 and have been appointed on a particular post. However, on the basis of a decision taken on 13.5.2013, which has been brought on record as Annexure14 to the supplementary affidavit, their appointments cannot be cancelled. It is also stated that the appointment letters issued in favour of the petitioners itself stipulate that they were required to undergo mandatory two years' Teacher's Training Course in an approved Teacher's Training College/Institution.
(3.) LEARNED counsel for the respondentState on the other hand has justified the issuance of the impugned order. It is contended on behalf of the respondents that the appointment to the post of Assistant Teacher in a Primary Schools is to be made on the basis of certain eligibility criteria, which have been prescribed after coming into force of the Right of Children to Free and Compulsory Education Act, 2009. The same were conveyed also vide letter dated 4.6.2012 by the Principal Secretary, Human Resources Development Department, Government of Jharkhand, addressed to the Director Jharkhand Education Project.;