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. 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,