- (1.) Heard learned counsel for the parties.
(2.) There was an internecine dispute for selection on the second post of Para Teacher in Primary School, Taiyakaram, Block Kunda between the petitioner and the respondent No. 7. In the first Aam Sabha held on 20.8.2007 also the respondent no.7 was selected on majority of votes. Because there was some questions raised about the said proceeding, in view of the directions of the Block Education Committee bearing letter no. 30 dated 17.7.2008, another Aam Sabha was held on 6.8.2008, which again selected the respondent no.7 for the same post.
(3.) Petitioner is an Intermediate, so is the private respondent, though he has pursued Graduation Course till Part-I. Petitioner came before this Court in W.P.S. No. 2129 of 2009 being aggrieved apparently with his non selection. The said writ petition was disposed of by order dated 13.8.2012(Annexure-6) directing the concerned respondent no.2 to take a decision on his representation. The representation of the petitioner has been rejected by the Deputy Commissioner cum Chairman Sarva Siksha Abhiyan, Chatra by the impugned reasoned order at Annexure-8 dated 7.2.2013, communicated vide letter no. 296 dated 8.2.2013 by the District Superintendent of Education cum District Programme Officer, Chatra. From perusal of the impugned order, it is apparent that petitioner was found to be resident of village Pinja under Panchayat Nawada, which is 16 km from the School in question, as found during enquiry by the Block Education Extension Officer, Pratapur-kunda vide letter no.1 dated 10.1.2013. The respondent no.7 is the resident of village Medwadih under Panchayat Kunda and therefore the respondent-Deputy Commissioner, Chatra has upheld the selection of respondent no.7 by relying upon resolution no. 1018 dated 4.8.2002 of the Human Resource Development Department, which is also quoted in the impugned order. The provision of the said resolution provided that selection of Para Teacher of any such school is to be undertaken from candidates having minimum educational qualification of Matriculation. If no such Matriculate candidate is available in the said village, then eligible candidate from closest village would be considered by the Village Education Committee. In case there are more than 1 candidate having Matriculation qualification or more, person having the higher qualification is to be selected. Petitioner has not been able to show that respondent no.7, who resides in village Medwadih under Kunda panchayat is not suitable in terms of the said provision on account of the fact that his residence is at a much greater distance from the Primary School as compared to the petitioner. It otherwise also appear that the school is at block Kunda while the respondent no.7 is also a resident under the same Panchayat. This goes to show that respondent no.7 is a resident of a place or village closer to the school than the petitioner, whose residence is 16 km away from the school in question.;