JUDGMENT : The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual quality. I.A.No.6964 of 2018 This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 434 days in preferring this Letters Patent Appeal. Heard. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation. Accordingly, I.A.No.6964 of 2018 is allowed and delay of 434 days in preferring the appeal is condoned. L.P.A. No.271 of 2018 In pursuant to the order dated 03.08.2021, Respondent No.6, the Principal, Chatra, College, Chatra is present before this Court through video conferencing mode. 2. The instant intra-court appeal is under Clause-10 of Letters Patent of Patna High Court directed against the order/judgment dated 07.02.2017 passed by the learned Single Judge of this Court in W.P.(S) No.2300 of 2016, whereby and whereunder, the order dated 21.01.2016, by which, the writ petitioner has found not fit to hold the post of Assistant Teacher, has been refused to be interfered with. 3. The brief facts of the case required to be enumerated as per the pleading made in the writ petition which reads hereunder as:- It is the case of the writ petitioner that she was selected as para teacher sometime in the year, 2003 by the Gram Sabha and with the permission of District Programme Officer, she has been appointed as para teacher and started discharging her duty w.e.f. 01.04.2003 being a matriculate candidate. Subsequently, she had passed her matriculation examination sometime in the year, 2002 and thereafter, she had taken admission in intermediate and her registration had also been done and as such, she has filed an application before the Headmaster concerned on 25.07.2003 for allowing her to appear in the intermediate examination, which was accepted by the Block Education Development Officer and accordingly, the writ petitioner had appeared in the intermediate examination and passed in the said examination sometime in the year, 2004 which was conducted by the Jharkhand Academic Council. She had also completed her diploma in Primary Education from Indira Gandhi National Open University sometime in the year, 2009. She had also completed her diploma in Primary Education from Indira Gandhi National Open University sometime in the year, 2009. The writ petitioner having considered herself to be eligible to hold the post of Assistant Teacher for Class-1 to 5, had appeared in the examination conducted by the Jharkhand Academic Council having with her the teacher eligibility test certificate, in which she had passed in the year, 2012. The writ petitioner had appeared for counselling on 26.09.2015 along with other eligible candidates and submitted all required documents and finding her eligible in all corner and a decision was taken for distribution of appointment letter but no appointment letter has been furnished to the writ petitioner then, she had approached to the authority concerned and got information that her candidature has been rejected on the ground that she was working as para teacher since 01.04.2003 and qualified her intermediate examination in the year, 2004 and since it is the matter of overlapping and for that, a letter bearing letter no.73 dated 21.01.2016 was issued under the signature of District Superintendent of Education, Latehar. Against the aforesaid decision of the authority, representation has been filed but however to that no effect, which led the writ petitioner to file writ petition before this Court by invoking the jurisdiction conferred under Article 226 of the Constitution of India being W.P.(S) No.2300 of 2016. The learned Single Judge after hearing the learned counsel for the parties and appreciating the submissions advanced on their behalf has dismissed the writ petition, which is the subject matter of the instant intra-court appeal. 4. Mr. Suraj Kumar, learned counsel appearing for the appellant-writ petitioner has submitted that the learned Single Judge has not appreciated the fact that even on the date when she had joined, she was in the intermediate course and simultaneously, she was also engaged as a para teacher but while working as para teacher, she after taking permission from the concerned Headmaster which has been accepted by the Block Development Education Officer, she continued with her study of intermediate, in which, she has been declared to be passed. He has further submitted that the writ petitioner was allowed to appear in the intermediate examination after completion of 75 per cent of classes in an academic calendar and as such, it cannot be said to be a case of overlapping but the authority, without applying its proper mind, has come to a conclusion that it is a case of overlapping since the writ petitioner has pursued her intermediate course while working as para teacher. According to him, these aspects of the matter has not been appreciated by the learned Single Judge about completion of 75 per cent of attendance in the aforesaid academic year and therefore, the order impugned is not sustainable in the eyes of Law. 5. Mr. Manoj Kumar No.3, learned G.P.-II appearing for the respondent-State of Jharkhand has filed an affidavit and has submitted by defending the decision of the administrative authority to the effect that there is no error in taking such decision as because the writ petitioner while working as para teacher has got her remuneration and simultaneously, she has also pursued the study in the intermediate course and to substantiate his argument, he has relied upon the attendance register of the writ petitioner while working as para teacher for the period from 1st April, 2003 to 31st March, 2004 and 1st April, 2004 to 31st March, 2005 and as such, submission has been made that the learned Single Judge after appreciating these aspects of the matter has declined to interfere with the decision of the administrative authority which may not be interfered with. 6. We have heard the learned counsel for the parties and perused the documents available on record. 7. This Court, in order to answer the issue, has directed the learned State Counsel to bring on record the attendance register etc., and in order to verify the fact as to whether there was any overlapping of period of continuing with the study of intermediate course vis-à-vis rendering service as para teacher by the writ petitioner. 7. This Court, in order to answer the issue, has directed the learned State Counsel to bring on record the attendance register etc., and in order to verify the fact as to whether there was any overlapping of period of continuing with the study of intermediate course vis-à-vis rendering service as para teacher by the writ petitioner. The District Superintendent of Education has filed an affidavit that no such record is available in the office of concerned respondent rather the appropriate record is required to be called upon from the Principal of Chatra College, Chatra, therefore, this Court has impleaded the Principal of Chatra College, Chatra as party respondent to the proceeding with a direction upon him to bring on record the attendance register for the concerned period and in an affidavit filed by the concerned Principal, the Principal has submitted that entire record is before the Jharkhand Academic Council. Therefore, we have impleaded Jharkhand Academic Council as party to the proceeding with a direction upon it to bring on record the document as per the statement made by the Principal of the concerned College, in pursuant thereto, the Jharkhand Academic Council has filed an affidavit stating therein that no record is available with the Jharkhand Academic Council and thereafter, another affidavit has been filed by the concerned Principal of the Chatra College, Chatra stating therein as would be evident from the affidavit dated 06.03.2021, wherein at paragraph-7, it has been stated that the Secretary, Jharkhand Academic Council vide letter dated 03.02.2021 called upon the Deponent to clarify the Deponent’s reply, in which, the Deponent has stated that attendance marked in attendance register by the writ petitioner has been forwarded to the Jharkhand Academic Council. The register is not available in the College. The Secretary, Jharkhand Academic Council, Ranchi, has asked the Principal of the concerned College to furnish specific reply as to when and for what reason, attendance register has been submitted to the Jharkhand Academic Council. The register is not available in the College. The Secretary, Jharkhand Academic Council, Ranchi, has asked the Principal of the concerned College to furnish specific reply as to when and for what reason, attendance register has been submitted to the Jharkhand Academic Council. The Principal of the concerned College has further stated at paragraph-8 that on account of clerical error in understanding the query, mistake has been committed in stating that attendance register has been submitted with the Academic Council and realizing the aforesaid mistake so committed, the Principal of the concerned College has retracted and withdrew his statement given by mistake and thereby, neither the Jharkhand Academic Council nor the Principal of the concerned College has produced the relevant documents before this Court. However, Mr. Manoj Kumar No.3, learned G.P.-II appearing for the respondent-State of Jharkhand by referring to the affidavit submits that it is the case of the writ petitioner that she had joined as para teacher on 01.04.2003 while pursuing her intermediate course as a regular candidate in the session which begins from the month of July, 2002-2004 and attended the regular classes and while working as para teacher, she filled up the examination form for appearing in the final examination of the intermediate on 17.12.2003, even though, while working as para teacher on or from 01.04.2003, the writ petitioner claims to have completed 75 per cent of classes and therefore, her candidature has been found fit to appear in the final examination as a regular candidate. He has further pointed out from such statement of the writ petitioner that even accepting the said statement, it would be evident that the writ petitioner has only attended the classes from the month of July, 2002 till the date of filling up of the examination form i.e., upto 17.12.2003 while she has joined her service as para teacher on 01.04.2003, meaning thereby, she has only attended the classes from the month of July, 2002 upto the month of March, 2003 which comes about eight months which cannot be said to be 75 per cent of the attendance treating the writ petitioner as a regular candidate for participation in the intermediate final examination, therefore, the administrative authority has taken decision coming to the conclusion of a case of overlapping. This Court, on the basis of the submission furnished by the learned State Counsel by way of an affidavit as also considering the submission made on behalf of the writ petitioner by admitting the fact that the writ petitioner has started attending intermediate classes from the month of July, 2002 while joined as para teacher on 01.04.2003, therefore, she has only been said to have attended the classes from the month of July, 2002 till the month of March, 2003 and therefore, which comes to the period of eight months approximately and intermediate course being two years course, as such, 75 per cent classes cannot be said to be a period of eight months and hence, decision has been taken by the administrative authority of a case of overlapping i.e., while discharging her duty as para teacher, she has pursued the intermediate course and got the certificate of intermediate, basis upon which, she has been appointed as Assistance Teacher, cannot be disbelieved. 8. Learned Single Judge, after taking into consideration these aspects of the matter, has refused to interfere with the decision of the administrative authority, which according to us, cannot be faulted with. 9. In view thereof, this Court is of the considered view that no interference is required in the order passed by the learned Singe Judge as has been impugned in the instant intra-court appeal. 10. In the result, the instant appeal fails and is dismissed. 11. Personal appearance of respondent no.6, the Principal, Chatra, College, Chatra is dispensed with. 12. This Court, while dismissing the appeal, deems it fit and proper to make observation with respect to the conduct of Principal of the Chatra College, Chatra and also the Jharkhand Academic Council that on what basis without verifying the total number of classes which is required as per the regulation of Jharkhand Academic Council i.e., attendance of 75 per cent classes is mandatory, has allowed the writ petitioner to appear in the intermediate examination and when this Court has called upon the record, no record has been produced, even the Principal of the concerned Chatra College has filed two contradictory affidavits initially, wherein, it has been submitted that the entire record has been sent to the Jharkhand Academic Council and when the Jharkhand Academic Council has refuted the same, the stand taken earlier has been retracted and withdrawn. 13. 13. Therefore, this Court, in the backdrop of these aspects of the matter, deems it fit and proper that an inquiry is directed to be conducted for fixing accountability and punishing the erring official(s), so that, in future such type of incident may not be occurred. 14. In view thereof, let the Director, Secondary Education of the State of Jharkhand is directed to conduct an inquiry and fix accountability upon the concerned official(s) by taking decision in accordance with Law. 15. The Regional Deputy Director of Education of the concerned region is directed to assist the Director, Secondary Education in the matter of inquiry. 16. The Secretary, Jharkhand Academic Council and the Principal, Chatra College, Chatra, are directed to cooperate with the inquiry. 17. With the aforesaid observation and direction, the instant appeal is dismissed.