AMARESHWAR SAHAY, J. - (1.) THE order dated 4.2.2002 (Annexure -8) passed the District Superintendent of Education. East Singhbhum, Jamshedpur, has been challenged in this writ petition, whereby the DSE has cancelled the approval of the appointment of the petitioner to the post of a teacher in Kalgidhar Middle School on the ground that she was untrained and thereby has directed the Managing Committee of the School to terminate the service of the petitioner in view of the Departmental Rules and in case the services of the petitioner is not terminated by the Managing Committee of the School, then the Department shall not be responsible in any way for the payment of the salary to the petitioner.
(2.) ACCORDING to the case of the petitioner, she was working as Assistant Teacher in Kalgidhar Middle School, Tuila Dungri, Jamshedpur which is a minority School and for which the entire financial assistance is being provided by the State of Jharkhand. The petitioner being a member of Scheduled Caste, was appointed to the post of Assistant Teacher in Punjabi language by the Managing Committee of the said School. The services of the petitioner was approved by the District Superintendent of Education, Jamshedpur vide office order dated 29.7.1989 (Annexure -2) on the basis of recommendation of the Secretary of the said School. It is stated that since January, 1996 the payment of salary of the petitioner was suddenly stopped. It is stated that by issue of Annexure -5, the District Superintendent of Education, Jamshedpur vide his letter dated -13.6.1997, informed the Secretary of the said School that the proposal for fixation of the pay -scale of the petitioner Mrs. Charanjeet Kaur Gill on the basis of 5th Pay Revision was sent to the Director of Primary Education, Bihar, Patna, but the same has been returned because the petitioner was not a Trained teacher whereas the minimum requisite qualification for appointment of a Teacher in a minority school is Matric Trained and there is no provision for appointment of any untrained person to the post of Assistant teacher.
(3.) THE petitioner thereafter filed CWJC No. 3760 of 1997 (R), before this Court challenging the said letter of the D.S.E. (Annexure -5).;