- (1.) Heard learned counsel for the parties.
(2.) Petitioner came before this Court being aggrieved by the decision of the Deputy Commissioner, Sahibganj contained in memo no. 826 dated 05.11.2012, Annexure -9, issued under the signature of District Superintendent of Education -cum - District Programme Officer, Jharkhand Education Project, Sahibganj, respondent no. 5 by which his representation for appointment as Para Teacher in Upgraded Middle School, Karikandar, Borio Block, District Sahibganj was rejected on the ground that eligibility for appointment to the post of Para Teacher has been changed and requirement of passing of Teachers' Eligibility Test is to be observed in view of enforcement of the Right of Children to Free and Compulsory Education Act, 2009 and NCTE Notification dated 23.08.2010 laying down the eligibility conditions. These conditions were brought into effect from 01.04.2010 and no untrained teacher could be appointed thereafter.
(3.) The matter was heard on the previous dated 14.10.2015 when the following orders was recorded: - "Counsel for the petitioner from the text of the impugned order dated 5th November, 2012 (Annexure -9) passed by Deputy Commissioner, Sahibganj, has sought to canvas that the selection of the petitioner for 3rd Post of Para Teacher in Upgraded Middle School, Karikandar Block Borio, was not found to be suffering from any irregularity. The Block Education Committee had also approved the selection of the petitioner as would be evident from the proceedings thereof at Annexure -5 duly attended by the representatives of Members of Parliament of Rajmahal Constituency and by the Member of Legislative Assembly apart from the Block Welfare Officer, Block Programme Officer and Block Education Extension Officer, Borio. The proceedings have been signed by Block Education Extension officer -cum - Secretary, Block Education Committee as also the Block Development Officer, Borio on 13th February, 2010 much before 31st March, 2010, the cut off date, whereafter the N.C.T.E Guidelines dated 23rd August, 2010 have been held to be in force requiring eligibility of Teachers Training for any candidate to be appointed on the post of Teacher/Para -Teacher. Only for the reason that unsubstantiated objections were made in the selection process by a stranger and the cut off date 31st March, 2010 had come into force, petitioner was not allowed to join in the school in question for no fault. It is submitted that if the petitioner's selection has been found to be valid, his claim should not be rejected only for his non -joining before 31st March, 2010 on account of reason beyond his control when petitioner could also undertake the necessary teachers training required as is made applicable for all such Para -Teachers who have been working prior to 31st March, 2010. Learned counsel for the Respondent -State when asked about the requirement to be complied with in cases of Para - Teachers who have been appointed prior to 31st March, 2010 in mattes of their training, has sought time to bring on record the relevant Guidelines, Circulars and the Rules which laid down the relevant provisions in that regard. Counsel for the Respondent -State would also indicate whether any person has been appointed on the said post of Teachers/Para -Teachers in the school in question after rejection of petitioner 's claim. As prayed on behalf of learned counsel for the Respondent -State, list this case after 3 weeks i.e., on 5th November, 2015." ;