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2018 DIGILAW 2163 (JHR)

Md Mojammel Haque v. State Of Jharkhand

2018-09-28

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. - In the captioned writ application, the petitioner has inter alia prayed for quashing the selection of respondent no. 7 against the post of Para Teacher made by Gram Shiksha Samiti on 24.11.2007 and for direction upon the respondents to issue appointment letter to the petitioner on the said post. 2. Heard Mr. Uday Choudhary, learned counsel for the petitioner, Mr. Amit Kumar, Associate Counsel to learned G.P. II for the respondents-State and Mr. Rajeeva Sharma, learned senior counsel being assisted by Ms. Raj Lakshmi Mishra, learned counsel for the respondent no. 7. 3. Learned counsel for the petitioner submitted that on 02.07.2007, the selection of the petitioner was made by Gram Siksha Samiti after following due procedure of law, but due to some objection raised by Block Co-ordination Officer, again with the consent of Gram Siksha Samiti and Aam Sabha, the petitioner was selected on the post of Para Teacher on 23.09.2007. But, to the utter surprise to the petitioner, ignoring the fact that the petitioner was selected by duly authorized body and petitioner having the higher qualification and resident of the locality, Village Education Committee (Gram Siksha Samiti) again held its meeting on 24.11.2007 and selected respondent no. 7 despite having lower qualification and resident of adjacent village. So far contention made in the counter affidavit that the petitioner was selected as Urdu Teacher is concerned, it has been submitted by the learned counsel for the petitioner that as a matter of fact the petitioner was not appointed as Urdu Teacher rather he has got Alim Degree after being passed in other subjects e.g Hindi, Economics, English including Urdu and respondents-authorities misinterpreted his qualification only to accommodate respondent no. 7. Raising the ground of parity, learned counsel for the petitioner submitted that some other teachers of the said school, namely Shish Mohammad has also been appointed having degree of Maulvi from Madarsa Board but the petitioner has been subjected to discrimination. Furthermore, it is established fact that Alim Degree is equivalent to graduate, as affirmed by Jharkhand Academic Council. 4. Raising the ground of parity, learned counsel for the petitioner submitted that some other teachers of the said school, namely Shish Mohammad has also been appointed having degree of Maulvi from Madarsa Board but the petitioner has been subjected to discrimination. Furthermore, it is established fact that Alim Degree is equivalent to graduate, as affirmed by Jharkhand Academic Council. 4. As against this, learned counsel for the respondents-State submitted that it is admitted fact that in the meeting held on 02.07.2007 of Village Education Committee for selection of Para Teacher in Upgraded Primary School, Chanditalla, the Village Education Committee after preparing merit list sent the same to Block Level Committee, who examined the matter in the light of norms and guidelines of JEPC, Ranchi and found that the school in question is a Hindi Medium School and there is no Unit for Urdu Teacher and therefore clarification was sought for from the Head Teacher of UPS, Chanditalla and thereafter, fresh meeting was held on 24.11.2007, in which, after following due procedure of law, respondent no. 7 was selected and his selection was approved by the authority concerned. 5. Learned senior counsel for the respondent no. 7 submitted that selection of respondent no. 7 has been made after following due procedure of law and he is continuing on the post in question since after his selection. 6. From the pleading available on record, it appears that school in question at the relevant point of time was a ''Hindi Medium School'' and no unit of Urdu Teacher was sanctioned, for the reasons aforesaid the authority at Block Level did not approve the services of the petitioner and directed for fresh selection process, in which, the respondent no. 7 having possessed all requisite qualification was selected by the duly constituted Village Education Committee in the meeting of Aam Sabha held on 24.11.2007. Hence, no interference is called for by this Court on any count. 7. For the reasons aforesaid, the writ petition being devoid of any merit is dismissed.