Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties. Originally, the writ petition was filed for grant of approval of her appointment and fixation of pay scale as an Assistant Teacher in R.C. Boys' Middle School, Banabira, Simdega which is a Government aided minority school.
(2.) THE petitioner applied against the advertisement issued on 10.02.2011 for a single post which fell vacant on the death of erstwhile teacher and got selected by the Managing Committee of the school vide appointment letter dated 23.03.2011 (Annexure -2). Thereafter, records of her appointment were sent for approval before the District Superintendent of Education, Simdega through Regional Education Officer, Simdega through letter dated 13.04.2011. Respondent No. 4 -District Superintendent of Education, Simdega granted approval of appointment of the petitioner, subject to the condition that the salary will be paid only after her preposition statement is approved by the Director, Primary Education, Government of Jharkhand (Respondent No. 3). During the pendency of the writ application, the proposal for approval of her appointment and preposition statement has been rejected by the Director, Primary Education through letter dated 03.08.2013 and addressed to Respondent No. 4. The grounds of rejection are that she had not obtained the necessary Teachers' Eligibility Test qualification as required under the N.C.T.E. guidelines contained in the notification dated 23.08.2010. The said letter has been sought to be challenged in I.A. No. 3425/2014 by the writ petitioner stating that the aforesaid developments are very much connected to the original cause of action and have taken place during the pendency of the writ petition. According to the petitioner, she is having qualification of B.Sc./B.Ed. with more than 50% marks.
(3.) IT is submitted by the counsel for the petitioner that Hon'ble Supreme Court in the Constitution Bench judgment rendered in the case of Pramati Educational & Cultural Trust & Ors. v. the Union of India & Ors. : (2014 (2) JLJR (SC) 505) : (AIR 2014 SC 2114) has squarely held that the provisions of Right of Children to Free and Compulsory Education Act, 2009 are inapplicable to the aided and unaided minority schools which are covered under Article 30(1) of the Constitution. Reliance has also been placed upon letter dated 22.05.2014 issued by the Director, Primary Education Directorate, Government of Jharkhand whereunder, respective District Superintendents of Education of different districts, have been asked to furnish the proposal for approval of appointment of teachers and pre -position statement who have been appointed in aided and unaided elementary schools (Annexure -10). Therefore, according to the petitioner, the matter requires to be reconsidered at their end once again.;