- (1.) Claiming parity with the para -teachers, the petitioners have challenged Rule 14 of the Jharkhand Elementary School Teacher Appointment Rules, 2012, on the ground that it infringes Articles 14 and 16 of the Constitution of India.
(2.) The brief facts of the case are that, Kasturba Gandhi Residential Schools (KGBVs) are established at Block level for advancing cause of girls' education in backward areas. The teachers in the school are selected by Selection Committee headed by the Deputy Commissioner of the district. Amongst the teachers, one who secures higher position, is selected as Warden who has to look into other administrative and financial matters also. The petitioner No. 1 claims to have obtained her M.A Degree in Economics in First Class. She has also cleared the Teacher Eligibility Test (TET) -2012 for Class VI to VIII and ever since her appointment vide, letter dated 12.12.2005 in Kasturba Gandhi Girls School, Deoghar, she is discharging her duties without break in service. The petitioner Nos. 2 & 3 are also holding Masters Degree and fulfill the requisite essential qualification, for appointment to the post of teacher including, Teacher Eligibility Test (TET) -2012. It is asserted that the petitioners have been working as teachers in Kasturba Gandhi Girls School for periods between 5 -9 years and the nature of duties and responsibility of the petitioners are no less onerous than the para -teachers. Both are contractual appointees working under the State Government and in the same department. In the above facts, the petitioners have averred that denying reservation to the petitioners on the one hand and providing reservation of 50% seats for the para -teachers in recruitment as regular teachers in Class VI -VIII is arbitrary, discriminatory and, unreasonable and thus, breaches Article 14 and 16 of the Constitution of India.
(3.) Heard the learned counsel for the parties and perused the material on record.;