PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, prayer has been made for direction to the respondents for consideration of the case of the petitioner for appointment as Para Teacher under the Jharkhand Education Project Scheme, and for setting aside Annexure-2, the order dated 27.09.2007 passed in the Resolution No. 5 by the Gram Shiksha Samittee, Mathurapur and consider the case of the petitioner.
(2.) The brief facts, as averred in the writ application, is that the petitioner along with others applied for appointment as Para Teacher and the Gram Shiksha Samittee held a meeting on 20.08.2007 for selection of 2nd Para Teacher in 'Abhiyan Vidyalaya, Dhobi Tola, Mathurapur' in the district of Chatra. Five candidates submitted their Bio-Data with educational qualification before the Gram Shiksha Samittee but the selection was not done in accordance with procedure, therefore, selection was cancelled on 20.08.2007 and the respondent no. 7 was selected by the Gram Shiksha Samittee. Thereafter, the petitioner preferred objection before the concerned authority for illegal selection in upgraded school but the objection was not considered. Being aggrieved by the selection of respondent no. 7, the petitioner under Article 226 of the Constitution of India, has approached this Court for redressal of his grievance.
(3.) Controverting the averments made in the writ application, counter affidavit has been filed on behalf of respondent no. 5 and also on behalf of respondent no. 7. In the counter affidavit filed on behalf of respondent No. 5 it has been submitted that a meeting of Village Education Committee of Upgraded Primary School, Dhobitola, Mathurapur was held on 20.08.2007 for selection of Para Teacher in the said school for which five candidates had submitted their application. It has been further stated that petitioner was absent on the date of selection and therefore candidature of petitioner and one another candidate namely Alok Kumar Pathak was rejected by the Village Education Committee of the School in question. It has been further stated that after rejection of candidature of the petitioner and Alok Kumar Pathak, three candidates having the equivalent academical degree remained as candidate for selection as Para Teacher amongst which one candidate was to be selected. As per the letter no. 471 dated 08.06.2005 of the Jharkhand Education Project, in case of equivalent/identical qualification of the candidates, female candidate was to be selected and accordingly, Manju Kumari has been selected by the Village Education Committee, Dhobitola, Mathurapur, Pratappur as evident from Annexure-A to the counter affidavit. It has been further stated that the representation of the petitioner was also heard in the meeting of Block Level Education Committee under the Chairmanship of Block Development Officer, Pratappur on 31.12.2008. All the members of the Village Education Committee, Dhobitola was also invited to attend the meeting on 06.01.2009, however all the members could not come in the said meeting. Again the next meeting was fixed on 24.03.2009 to resolve the issue by the Block Level Committee. On the basis of the proceeding dated 20.08.2007 the matter was again discussed in the meeting held on 24.03.2009. All the members agreed in selection of Manju Kumari as Para Teacher in Upgraded Primary School, Dhobitola, Mathurapur, Pratappur. Accordingly, the name of respondent no. 7 has been approved by the Block Level Committee meeting held on 08.07.2009 vide Annexure-B to the counter-affidavit.;