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.

L.P.A. No.678 of 2018

The instant intra-court appeal is directed against the order/judgment dated 28.09.2018 passed by the learned Single Judge of this Court in W.P.(S) No.5374 of 2009, whereby and whereunder, the writ petition has been dismissed declining to interfere with the selection of respondent no.7 against the post of Para Teacher made by Gram Shiksha Samiti on 24.11.2007.

2. The brief facts of the case are required to be referred herein which reads as hereunder:-

The writ petitioner had applied for the post of Para Teacher for Primary School, Chanditalla, for which, Gram Shiksha Samiti was held on 02.07.2007 by the Samiti. The writ petitioner was found to be eligible and accordingly, the Gram Siksha Samiti with the consent of Aam Sabha has selected the writ petitioner for the aforesaid post vide its meeting dated 02.07.2007.

The writ petitioner was selected amongst seven candidates who had participated in the process of selection, wherein, the writ petitioner was found to be secured highest marks and was the only person belonging to the same village. Thereafter, another Aam Sabha was conveyed on 23.09.2007 on account of some objection made by the Block Co-ordination Officer on the selection made by Samiti on 02.07.2007. Again in the meeting held on 23.09.2007, the writ petitioner was selected as Para Teacher with the consent of Aam Sabha and Samiti but the writ petitioner has not received appointment letter.

A meeting was conducted again on 24.11.2007 of the Gram Shiksha Samiti, in which the respondent no.7 has been selected as Para Teacher by the Samiti.

The reason was recorded for selection of respondent no.7 to the effect that the selection of respondent no.7 as Para Teacher has been found to be fit, as because there was not a single suitable candidate available in the village.

The writ petitioner has contended that although he has passed “Alim Degree” in the year 2007 which is equivalent to graduate degree as has been notified by the Jharkhand Academic Council dated 16.09.2006 and therefore, the writ petitioner after found to be eligible, has rightly been selected twice but only in order to accommodate the respondent no.7, no appointment letter has been issued in his favour rather the respondent no.7 has been appointed and to that effect, a representation was filed before the competent authority but having not giving any heed to that, the writ petitioner has approached to this court by invoking the jurisdiction of this Court under Article 226 of the Constitution of India praying inter-alia therein for quashing of selection of respondent no.7.

The State has appeared and filed a detailed counter affidavit, wherein, it has been stated that although the writ petitioner was found to be successful in the meeting held on 02.07.2007 of the Aam Sabha apart from six other candidates, basis upon the performance of one or the other candidate, a merit list was prepared in which, the writ petitioner has been found to be top in the merit list which was sent by the Village Education Committee for due approval to the Block Level Committee and the Block Level Committee has found that School in question is a Hindi Medium School and there is no Unit for “Urdu Teacher” and therefore, asked clarification from the Secretary-cum-Head Teacher from the concerned school as to how the teaching of Urdu was being given without any creation of post of Urdu Teacher.

Thereafter, again a meeting was conducted on 24.11.2007, in which the respondent no.7 has been selected as Para Teacher in the said school assigning the reason that the respondent no.7 is the student of B.A. Part-II and belongs to adjacent village Karkarbona.

Thereafter, the selection of respondent no.7 was approved by the Block Level Committee in its meeting dated 26.11.2007.

It has further been stated that from the compara