- (1.) The petitioner, being aggrieved by the order dated 5.1.2012 (Annexure-8), by which his service as Para Teacher has been cancelled, has approached this Court. It has been argued on behalf of the petitioner that the petitioner had been appointed in terms of resolution taken in a general meeting held by Village Level Committee on 30.6.2004 as contained in Annexure-2 and thereafter appointment letter had been issued to him and he had started discharging his duty. But all of a sudden, a show cause notice had been issued to him alleging therein that on the date of selection i.e. on 30.6.2004, the petitioner had no required qualification, as has been prescribed in Annexure-1 to the writ petition and as such the petitioner was directed to immediately reply as to why his service be not cancelled and the honorarium which has been paid to him, be not recovered and an FIR be not instituted against him for commission of forgery. It has submitted that the petitioner was the single candidate before the Village Level Committee and admittedly on due consideration that he was Matriculate and he was not possessing required certificate of Intermediate, as prescribed in Annexure-1, he had been appointed as Para Teacher. Hence, the decision taken by the competent authority to cancel his appointment with a direction to recover the amount of honorarium which has been paid to him with further direction to institute an FIR against him, is arbitrary exercise of power. However, the counsel for the petitioner has submitted that before the authority concerned by way of reply given in terms of the show cause notice, the petitioner had stated that he had committed no misrepresentation and illegality, rather he at the time of submission of application, had submitted Matriculation certificate along with the admit card of Intermediate and subsequently, he had passed the Intermediate examination.
(2.) Learned counsel for the respondents has submitted that the petitioner was not possessing required qualification as prescribed under Annexure-1 which prescribes that a candidate, who has to be considered for selection as Para Teacher, must possess minimum qualification of Intermediate trained or Intermediate, but in no case, a candidate possessing less qualification will be selected. It has been submitted on behalf of the respondents that the petitioner had not possessed required educational qualification on due date of consideration for selection and the petitioner had tried to mislead the authority concerned by producing Intermediate admit card of Deoghar Vidyapith. Hence, the forgery has been committed by him. The petitioner was knowing this fact that the certificate of Deoghar Vidyapith has been cancelled, even thereafter he had withdrawn the money of honorarium and as such it has been submitted on behalf of the respondents-State that the authorities have taken a right decision for cancellation of selection of the petitioner as Para Teacher with a direction to recover the amount which had been paid to him by way of honorarium with further direction to institute an F.I.R. against the petitioner. Hence, the impugned order needs no interference.
(3.) Heard the parties, perused the record.;