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2014 Supreme(Jhk) 719

APARESH KUMAR SINGH
Omkar Ram – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:M/s. M.M. Pan, Krishna Nand Sahay, Advocates.
For the State: JC to GP-IV.
For the Respondent No. 4:Mr. Pramod Kr. Jha, Advocate.

JUDGMENT

1. Heard counsel for the petitioner and the State as well as respondent no. 4.

2. In the present writ application, petitioners were seeking direction upon the respondents specially District Superintendent of Education, Ranchi (Respondent No. 3) to make payment of their salary with effect from 01st April 2011 on their claim that their appointment have already been approved by order dated 9th May 2012 issued by the respondent no. 3 himself. However, during the pendency of the writ petition, the respondent no. 3 chose to revoke the order of approval of the petitioner's appointment vide letter no. 1905 dated 31st May 2013, on the ground that the petitioners have not passed the TET exam which is the mandatory requirement under the Right of Children to Free and Compulsory Education Act, 2009 and the regulation framed by the N.C.T.E. through notification dated 23rd August 2010. The said order was challenged by way of interlocutory application which was allowed and has been incorporated in the amended writ petition. These petitioners are said to have been appointed on 01st April 2011 by the Managing Committee of the school, which is an aided minority school, upon compliance of the







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