Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. Though two writ petitioners have preferred this writ petition seeking issuance of writ of mandamus upon the respondent authorities to appoint them on the post of Para Teacher in New Primary School, Tilabani Ansari Tola, Govindpur Block, Dhanbad District, but case of the petitioner No. 2 is not being pressed as learned counsel for the petitioner submits that some findings have come against him about his certificate in the counter affidavit.
(2.) IN respect of petitioner No. 1, it is being pressed on the ground that Aam Sabha in its meeting held on 28.4.2012, Annexure -2, duly attended by several villagers recommended his case for appointment as Para Teacher. Advertisement at Annexure -1 did not stipulate requirement of passing of Teachers Eligibility Test. Therefore, that might not be a ground to deny appointment to petitioner No. 1. Learned counsel for the petitioner has referred to certain instances where appointment of Para Teachers have been made without passing of Teachers Eligibility Test. As per the respondent, after coming into force of Right of Children to Free and Compulsory Education Act, 2009 and issuance of guidelines by the National Council for Teacher Education, requirement of passing Teachers Eligibility Test is mandatory. Therefore, mere selection by Village Education Committee could not confer legal right upon the petitioner to seek writ of mandamus for appointment as such selection cannot be made contrary to the Act and guidelines framed thereunder.
(3.) HAVING considered the aforesaid legal aspect of the matter, the contention of the petitioner that Advertisement did not contain stipulation for passing TET would not dilute the force of the Act of 2009 and guidelines framed thereunder to seek appointment as a matter of legal right for the post of Para Teacher only on the basis of selection of Aam Sabha. No instances would make such a claim valid in eye of law. Therefore, this Court is not satisfied that any ground for interferences are made out for issuance of direction for appointment of the petitioner. The writ petition is, therefore, dismissed.;