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2019 DIGILAW 1360 (JHR)

Navendu Kumar Mishra son of Shri Awadhesh Mishra v. State of Jharkhand

2019-07-29

SANJAY KUMAR DWIVEDI

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JUDGMENT : Sanjay Kumar Dwivedi, J. 1. Heard Mr. Vijay Kumar Sharma, learned counsel appearing for the petitioner and Mr. Ashish Kumar Thakur, learned A. C. to G.P. III appearing for the respondents. 2. The petitioner has preferred this writ petition for quashing the order dated 23.07.2012 whereby the candidature of the petitioner has been rejected by the Deputy Commissioner. The petitioner earlier moved before this Court in W.P.(S) No. 4771 of 2010 which was disposed of by order dated 17.10.2011 with a direction to disposed of the representation filed by the petitioner relating to appointment of the Para teacher in the upgraded Government Middle School, Amwa after hearing the petitioner as well as respondent no. 5 within a period of two months from the date of receipt/production of a copy of this order. 3. Pursuant to this order, the case of the petitioner has to be considered by the Deputy Commissioner and he has rejected the claim of the petitioner on the ground that the petitioner was not trained in terms of the Right to Education Act, 2009. Learned counsel appearing for the petitioner submits that when the advertisement was published there was no condition of trained and the Act, in question, was not in effect at that time. 4. On the other hand, learned counsel appearing for the State submits that the prayer of the petitioner has been considered pursuant to order of this Court and taken into account the further development by way of implication of the Right to Education Act, the case of the petitioner has not come under that purview and as such the case of the petitioner has been rejected by the competent authority. 5. Having heard learned counsel for the parties, this Court finds that the order of the Deputy Commissioner is well reasoned and no case of interference is made out. 6. Accordingly, the writ petition stands dismissed.