Sunil Kumar Mahto, son of Sri Dhaneshwar Mahto v. State of Jharkhand
2016-11-21
SHREE CHANDRASHEKHAR
body2016
DigiLaw.ai
ORDER : Prayer in the writ-petition is for regularization of Shikshadoots, working for more than 10 years, as regular teachers. 2. Heard. 3. Mrs. Abha Verma, the learned counsel for the petitioners submits that the petitioners possess educational qualifications including Teachers Eligibility Test, which are necessary qualifications for appointment to the post of teachers, however, the petitioners who have been discharging similar functions for last more than 10 years, have not been regularized as regular teachers. 4. Mrs. C. Prabha, the learned State counsel, submits that the petitioners and other Shikshadoots were not appointed on regular basis and in fact, there is no regular cadre of Shikshadoots. It is contended that they cannot claim regularization on the post of teachers, though many of them may have acquired similar qualifications. 5. Materials produced on record indicate that for awareness amongst the children between age group 6-14 years, the State Government appointed Shikshadoots. These Shikshadoots are appointed for such villages where number of children between age group 6-14 years is more than 15. The minimum educational qualification of Shikshadoots is Matriculation. It is not in dispute that for appointment on the post of teacher, the minimum educational qualification is Intermediate. There is no regular cadre of Shikshadoots rather, the petitioners are appointed under the plan. May be, the petitioners have acquired higher qualification and they have passed Teachers Eligibility Test, the post of Shikshadoots cannot be equated with the post of teachers. The eligible petitioners have an option to participate in the selection process for appointment of teachers on regular basis. It has been brought to the notice of the Court that recently also examination was conducted for appointment of regular teachers. 6. Considering the nature of appointment and the post on which the petitioners were appointed, no direction for regularization of their services can be ordered. However, in future, if appointment on regular and permanent basis on the post of Shikshadoot is made, the petitioners' candidature may be considered by granting age relaxation and weightage to the Shikshadoots working for 10 or more years. 7. The writ-petition stands dismissed.