JUDGEMENT
Aparesh Kumar Singh, J. -
(1.) HEARD counsel for the parties. Petitioner has made a prayer that the respondent District Level Committee under the Jharkand Education Project Council should accept the recommendation made by the Village Education Committee as well as Block Education Committee in respect of the petitioner's appointment as a Para Teacher in Upgraded Primary School, Chachney under Panchayat Simra Block, Jama, District Dumka.
(2.) THERE were two posts in the Upgraded Middle School and since the first candidate was absent on the date of Aam Sabha, the Aam Sabha recommended the name of the second candidate Praveen Kumar which was approved. However, the Aam Sabha in the presence of the candidates at serial Nos. 3, 4 and 5, chose to approve the name at serial No. 7 i.e. the petitioner for the second post. This was not approved by the District Level Committee as according to the respondents, norms of selection were violated. Petitioner has the qualification of Intermediate in Arts and P.T.T. and she is a lady candidate. It appears from the chart at Annexure -A to the counter -affidavit that there were other candidates including a lady candidate who was having more marks in Intermediate than the petitioner and belong to the same category of O.B.C. It further appears that there was another candidate who was also Graduate. Respondents have therefore taken a stand that in such circumstances, when the Village Education Committee has not acted in terms of the norms laid down for such selection ignoring the meritorious and local candidate, petitioner's recommendation was disapproved by the District Education Committee. It is their contention that the selection of Para Teacher for the said post could be made on the basis of the recommendation of the Village Education Committee, however if it is made as per norms of selection. These facts contained in the counter affidavit are not disputed by the petitioner as well. In the facts and circumstances of the case and upon hearing the counsel for the parties, it appears that the respondents are justified in undertaking a fresh selection exercise for appointment of Para Teacher to the second post. Accordingly, while finding no merit in the writ petition, it is deemed appropriate to remand the matter to the respondents to undertake such exercise in accordance with law. If the petitioner is interested, she may participate in such exercise.
The writ petition stands disposed of accordingly.
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