Point of Law: Post of Assistant Teachers in Government Middle Schools - Qualification - It is mandatory provision that 50% of total posts shall be filled-up from candidates, who has working experience as a Para Teacher for two or more years without any break - Petitioner failed to fulfill requisite conditions.

JUDGMENT :

Dr. S.N. Pathak, J.

In view of outbreak of COVID-19 pandemic, case was taken up through Video Conferencing and heard at length on various dates. Concerned lawyers had no objection with regard to the proceeding which was held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter was reserved for Judgment and is being disposed of finally.

PRAYER

2. In the instant writ application prayer has been made for issuance of appropriate writ(s), order(s) or direction(s) or writ in the nature of Certiorari for quashing order as contained in Memo No. 3032, dated 05.10.2018, issued under the signature of District Superintendent of Education, Ranchi whereby and whereunder petitioner who was working as an Assistant Teacher in Government Middle School, Boreya, Kanke has been terminated as her service was found to be void-ab-initio.

Petitioner has further prayed for a direction upon the respondents not to give effect to order dated 05.10.2018, passed by respondent no. 4 and further to direct the petitioner to continue in services as Assistant Teacher in Government Middle School, Boreya, Kanke.

FACTUAL MATRIX

3. Facts of the case lies in a narrow compass. Pursuant to the Notification No. 1632, dated 05.09.2012, issued by the then Human Resource Development Department (Primary Education Directorate), the Statutory Rule being Jharkhand Primary Teachers’ Education Appointment Rules, 2012 for appointment of Teachers in Primary School was constituted under the Proviso to Article 309 of the Constitution of India. Rule 14 of the said Rule prescribes the eligibility criteria. The 50% posts were reserved for those Para Teachers who had completed two years’ of continuous service for direct appointment as Trained Teacher or Graduate Trained Teacher in different Schools of the State Government. Based on the said appointment Rule, an Advertisement was published for appointment to the post of Assistant Teachers in Government Middle Schools for only those persons who had experience of working as Para Teacher.

4. Case of the petitioner is that he had already passed the Teachers’ Eligibility Test Examination which is evident from the Certificate given in favour of the petitioner. Pursuant to the Advertisement published on 12.02.2012 by the Jharkhand Education Project Council for appointment of Para Teachers, petitioner applied for the same and was duly selected in Aam Sabha (General Meeting) of the Village Education Committee held on 26.02.2012. The Gram Pradhan had certified on 19.03.2018 about the date of holding Aam Sabha (General Meeting) of the Village Education Committee, which was closed. Petitioner was asked to submit her joining in the office of Block Education Extension Officer, Kanke Block at Ranchi and, accordingly, petitioner submitted her joining on 04.01.2014 and the Block Education Extension Officer had accepted the joining of the petitioner.

5. It is further case of the petitioner that fulfilling all the eligibility criteria she had submitted her application pursuant to the advertisement no. 04/2015 for appointment to the post of Assistant Teacher and upon found eligible, the petitioner and other successful candidates were appointed vide office order issued vide Memo No. 3729, dated 31.12.2015, under the signature of District Superintendent of Education, wherein name of the petitioner figures at Sl. No. 117. Pursuant to issuance of Memo No. 173, dated 06.02.2016, petitioner had been directed to submit her joining in the Government Middle School, Boreya and for the same, petitioner had also been relieved by the aforesaid letter issued by the District Superintendent of Education, Ranchi. Thereafter, petitioner submitted her joining in Govt. Middle School, Boreya on 08.02.2016. It is further case of the petitioner that though she was selected in the year 2012 but joined as Para Teacher on 04.02.2014 and subsequently she joined as an Assistant Teacher in the G