Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) THESE two petitioners are amongst 5 Teachers who were selected by the Managing Committee for different posts of Teachers in Sri Doranda Balika Uchch Vidhyalaya, Ranchi (herein after referred to as the School), pursuant to an advertisement of April 2008. The proposal for approval of selection of these 5 Teachers were sent to the District Education Officer, Ranchi by the Managing Committee of the School. It is not in dispute that the appointment of 3 Teachers were approved other than these 2 petitioners. Since, the proposal of approval of these 2 petitioners remained pending, they were compelled to approach this Court in W.P.S. No. 2650 of 2012 and 2657 of 2012. The writ petitions were disposed of vide orders dated 17.5.2012 in the case of Deepak Kumar and 2.7.2012 in the case of Rashmi Prasad by directing the Director, Secondary Education, H.R.D. Department, Government of Jharkhand to take a decision on the claim of the petitioners for approval of their appointment. By the orders bearing memo No. 38 and 42 dated 8.1.2013 in the case of both the petitioners, the proposal for approval of their services have been rejected by the respondent - Director, Secondary Education, H.R.D. Department, which are impugned in the present two writ petitions. Perusal of the reasoned order shows that the Director, Secondary Education has found that the letter No. 732 dated 5.11.1982 and the Government Order No. 88 dated 21.7.1982 are in respect of sanction of teaching units in Government High Schools and that the name at serial No. 20 is actually a Government High School of the same name i.e. Rajkiyakirt Balika Uchch Vidyalaya, Doranda and not a school in which petitioners have been appointment, which is a minority school. He found that the School in question availed 2 units of the teaching posts meant for the Government High School, Doranda in a wrongful manner. Therefore, the appointment of the 2 petitioners could not be approved against such two posts which were sanctioned under the Government order dated 5.11.1982 and 21.7.1982. The respondent - Director, Secondary Education, found that the school had 10 sanctioned posts of Assistant Teachers and one post for Headmaster/Headmistress. The school also had been asked not to undertake appointment by a communication bearing letter No. 5392 dated 21.10.2008 in respect of such two posts, sanction of which was in dispute.
(3.) RESPONDENT - State in their counter affidavit have also sought to justify the order of rejection on the same ground that there was some confusion relating to the sanctioned strength of Teachers in the said School and the District Education Officer, Ranchi had directed the Management of the School not to undertake the process of selection till a view is taken on the question of the sanctioned strength of the Teachers in the said school.;