JUDGEMENT
DR.S.N.PATHAK,J. -
(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court with a prayer for quashing the order contained in letter dated 28.01.2013, issued by the Director,
Secondary Education-cum-Joint Secretary, Jharkhand (Annexure-7) whereby
the approval of services of the petitioner has been rejected. Further prayer has
been made to direct the respondents particularly, respondent No. 3 to grant
approval of the services of the petitioner and to release the arrears of salary
w.e.f. 04.01.2012 till date and also to release current salary, forthwith and other
consequential reliefs relating to service condition.
FACTUAL MATRIX
(3.) The factual exposition as has been delineated in the writ petition is that the Sanskriti Vidya Mandir (High School) Digwadih, Dhanbad is a
recognized Non-government Minority Aided High School within the meaning
of Articles 29 and 30 of the Constitution of India. The aforesaid school
published an advertisement and later on, re-advertisement inviting applications
for appointment on Trained Post Graduate Headmaster and Trained
Graduate/P.G. Economics Teacher, upon advice of the District Education
Officer, Dhanbad. In response to the said advertisement, the petitioner
submitted his application and after participating in interview, comparative
statement of marks of all the candidates was prepared, which goes to show that
the petitioner secured the highest marks i.e. 110+54=164. As there was some
confusion over the subject of Economics & Commerce, guidelines was sought
from the District Education Officer, Dhanbad, who vide his letter dated
20.12.2011 , directed the Managing Committee to take decision in view of the recommendation of the Selection Committee and to strictly follow the
prescribed procedure.;
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