S.N. Pathak, J. - (1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.
(2.) Petitioner has approached this Court with a prayer for a direction upon the respondents to consider the case of the petitioner and to appoint her on the post of Graduate Trained Language Teacher (Class-VI to VIII) in the Govt. Middle School within Ranchi district as candidates having less marks than the petitioner have already been appointed.
(3.) The facts of the case in short is that the petitioner having the requisite qualifications, was selected as para-teacher by the Gram Siksha Samiti in its proceeding dated 26.02.2012 and consequently, she started working as para-teacher in Govt. Middle School, Rajendra Ashram, Bundu District, Ranchi w.e.f. 12.12.201 The certificate in this regard has also been issued by the joint signature of the Block Education Extension Officer, Ranchi and the President/ Secretary, School Managing Committee of the said School. Meanwhile, an advertisement being Advt. No. 4/2015 was issued from the office of the District Superintendent of Education, Ranchi for making appointment on the post of Graduate Trained Teacher. In the said advertisement, number of vacant posts for Graduate Trained Teacher (Language) was also given category-wise, wherein a total of 139 vacancies were advertised, out of which 70 vacancies have been shown for unreserved category. Among the said vacancies, 35 vacancies have been shown reserved for para-teachers and 18 vacancies were reserved for female candidates. The petitioner has qualified the Teachers' Eligibility Test, 2012 held in the month of April, 2013 and obtained 56.67% marks which is evident from the certificate dated 28th May, 2013 issued in her favour. The petitioner having the requisite qualification and having passed the TET examination had applied against the said advertisement. The respondents, after scrutinizing the documents submitted by the candidates, placed the petitioner's name at Sl. No. 134 in general provisional merit list after 1st counseling. The petitioner has obtained overall 55.316 merit point and it is relevant to mention that she belongs to category 'Para' under MBC category female but her selection has not been made arbitrarily by the respondents and she has not been given appointment to the post of Graduate Trained Teacher (Class-VI to VIII). It is the specific case of the petitioner that one Jayanti Devi, whose name appears at Sl. No. 141 and who falls under unreserved Para category and has obtained merit point 54.835, has been selected by the respondents. Besides that, one Rashmi Kumari Mishra, whose name appears at Sl. No. 145 of the said merit list and has obtained 54.722 merit point and who also belongs to the same category as of petitioner, has been selected/ appointed by the respondents for the aforesaid post and the petitioner despite being obtained more overall merits point/ grand marks, has arbitrarily been discriminated as her selection has not yet been made. The respondents have also not given any reasons for not making selection/ appointment of the petitioner despite the fact that the petitioner has obtained more marks than the aforesaid two persons. Having no option, the petitioner made representation dated 11.03.2016 before the respondent-authorities, however, the respondents did not pay any heed on the request made by the petitioner. Hence, the petitioner has been constrained to knock the door of this Hon'ble Court for redressal of her grievances. ;