Rongon Mukhopadhyay, J. - (1.) IN this writ application, a direction has been sought for upon the respondents to cancel the selection and joining of respondent No. 8 as a Para Teacher in New Primary School, Mahuram Tola (Semri) in the District of Palamau and thereupon to select the petitioner as Para Teacher in the said School. The case of the petitioner in a nutshell is that an Aam Sabha was called by the Village Education Committee for selection of Para Teacher in New Primary School, Mahuram Tola (Semri) in the year 2005 but subsequently it was cancelled due to certain irregularities committed at the time of appointment. In 2006 another Aam Sabha was convened and ultimately the petitioner was selected for the post of Para Teacher and an agreement was entered into on 27.12.2007 for a period of one year between the Village Education Committee, Mahuram Tola (Semri) and the petitioner. It is the case of the petitioner that the joining of the petitioner was not accepted and, thereafter, on 23.10.2008 another Aam Sabha was convened pursuant to which the respondent No. 8 was appointed as a Para Teacher.
(2.) HEARD Mr. Arun Kumar Dubey, learned counsel appearing for the petitioner, Mr. Jalisur Rahman, learned J.C. to G.P. -III and Mr. Chanchal Kr. Trivedi, learned counsel appearing on behalf of the respondent No. 8. Mr. Arun Kumar Dubey, learned counsel appearing for the petitioner submits that although the petitioner was selected in 2006 and an agreement was also duly executed but the Village Education Committee (Respondent No. 7) ignoring the genuine selection of the petitioner he was not permitted to join as a Para Teacher, rather on the basis of a purported Aam Sabha dated 23.10.2008 the respondent No. 8 was showered favours by the Village Education Committee. The learned counsel for the petitioner further submits that the respondent No. 8 is a resident of another village and she should have been debarred on account of the said fact. It has further been submitted that the petitioner had obtained higher marks than the respondent No. 8 and since on each and every aspect the petitioner was the only eligible candidate he should have been selected by the Village Education Committee.
(3.) MR . Jalisur Rahman, learned J.C. to G.P. -III has submitted that after the selection of Para Teacher is made in the Aam Sabha, such selection is placed before the Block Level Education Committee for its approval as it is the only competent forum for approval of selection of a Para Teacher. It has further been submitted that the Block Level Education Committee has been empowered with the powers to reject the recommendation of the Aam Sabha, or to accept such recommendation or to return back the proposal for directing to hold a fresh Aam Sabha. It has been submitted that the agreement which the petitioner is relying upon is itself a doubtful document as the District Superintendent of Education -cum -District Programme Officer has no role in the selection of a Para Teacher which is specifically assigned to the Village Education Committee.;