- (1.) Heard learned counsel for the parties. The brief facts relevant for consideration of the petitioner's grievances in relation to the impugned letter No. 2230 dated 23.11.2013 issued by the respondent No. 2, the Director, Primary Education, H.R.D. Dept., Ranchi are as follows:--
(2.) Petitioner's selection was undertaken at the Aided Minority Guru Nanak Middle School, Dhanbad based upon the advertisement dated 1.1.2012 issued in respect of recruitment of Trained Teacher in the subject of English by the Managing Committee of the said school. Petitioner has a qualification of M.A., B.Ed., with English Honours and after his appointment pursuant to the interview and selection process in which the Area Education Officer, Dhanbad was also present, appointment letter was issued upon him on 17.2.2012. The Managing Committee of the School submitted the papers relating to his appointment in the office of District Superintendent of Education, Dhanbad vide letter dated 7.3.2012 and the District Superintendent of Education, Dhanbad found the relevant certificates on verification to be correct. He thereafter issued the letter dated 6.6.2013, which is at Annexure-12 giving provisional approval to the appointment of the petitioner with a condition that they are subject to final approval by the Director, Primary Education. Thereafter, only the payments would be released. After submission of the relevant papers of the petitioners before the Director, Primary Education, Jharkhand vide letter No. 1830 dated 7.6.2013 by the office of District Superintendent of Education, Dhanbad, the proposal for approval of petitioner's appointment along with few others from different schools have been declined by the impugned letter dated 23.11.2013 issued by the Director, Primary Education, Respondent No. 2, Annexure-14, on the ground that the N.C.T.E. guidelines contained in notification dated 23.8.2010 have not been complied with.
(3.) It is the respondents' stand as well through their counter affidavit that the petitioner did not pass the Teachers Eligibility Test (T.E.T.), which is the mandatory requirement under the N.C.T.E. guidelines framed pursuant to the statutory mandate contained in the Right of Children to Free and Compulsory Education Act, 2009. Therefore, proposal of the petitioner has been declined.;