- (1.) THE case of the petitioner is that she has been appointed as Assistant Teacher in one Urdu Town Middle School, Main Road, Chakradharpur, West Singhbhum, a Government Aided Minority School after following the policy and procedure laid down by the State Government for such appointment and after due issuance of advertisement, interview by the Managing Committee of the school, in which the departmental representative was also present. The appointment letter is dated 19th June, 2011 and she has been working after submitting her joining on 22nd June, 2011 in the said school. For approval for appointment and fixation of pay scale recommendations have been made to the District Superintendent of Education, West Singhbhum by the Secretary of the school, which was also approved on 7th May, 2012 vide Annexure -8. However the approval of pay fixation was subject to the decision of the Directorate of Primary Education, Human Resources Development Department. When the same was being delayed the petitioner approached this Court in the present writ application.
(2.) THE Respondent -State has filed counter affidavit in the matter taking a plea that after enforcement of Right to Free and Compulsory Education Act, 2009 and the notification dated 31st March, 2010 issued by the Ministry of Human Resources Development Department, Government of India, minimum qualifications for appointment as teachers in the elementary classes were also notified subsequently vide notification dated 23rd August, 2010 and also vide notification dated 29th July, 2011. One of the essential requirements therein was that a person should have passed Teacher Eligibility Test (T.E.T) which is conducted by the appropriate government in accordance with N.C.T.E Guidelines. The petitioner does not fulfill the said qualification and therefore she is not entitled for approval of her service and fixation of pay scale by the Respondent -State who cannot be responsible for meeting salary and other expenses of allowances of such a teacher. The respondents have also relied upon a judgment rendered in the case of Suchita Kongari -Vs. - State of Jharkhand in W.P.(S) No. 7939 of 2012 stating that after issuance of notification dated 23rd August, 2010 any appointment made on the post of teacher has to be in conformity with the said notification. According to them, in the absence of such eligibility qualification the said writ petition was dismissed in similar circumstances. Copy of which has been enclosed to the counter affidavit as well, Annexure -B.
(3.) THE petitioner in her rejoinder has enclosed copy of another judgment rendered by learned Single Judge in the case of Subodh Bilung -Vs. - State of Jharkhand and others decided with other analogous cases on 6th January, 2014, Annexure -18. According to her, earlier judgment rendered by the same learned Single Judge was also considered and after noticing the relevant provisions of para -3 of notification dated 23rd August, 2010, which reads as under: "3.Training to be undergone ­ A person - (a) with BA/B.Sc. with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class I to V upto 1st January, 2012 provided he undergoes, after appointment, an NCTE recognized 6month special programme in Elementary Education. (b) with D.Ed ( Special Education ) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6 -month special programme in Elementary Education."; it was held that the matter in respect of said petitioners were required to be reconsidered by the respondents as the said petitioners had also been possessing the degree in graduation with at least 50% marks and had also secured B.Ed. Degree and they were appointed prior to 1st January, 2012.;