JUDGMENT :

With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

I.A. No. 1449 of 2021

2. This Interlocutory Application has been filed for condoning the delay of 138 days, which has occurred in preferring this appeal.

3. Reply to the aforesaid Interlocutory Application has been filed by the writ petitioner-respondent.

4. Heard Mrs. Darshana Poddar Mishra, learned A.A.G. I appearing for the appellants-State as also Mr. Binod Singh, learned counsel appearing for the sole respondent who has vehemently opposed the condonation of delay.

5. Having heard learned counsel appearing for the parties and having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

6. Accordingly, I.A. No. 1449 of 2021 is allowed and delay of 138 days in preferring the appeal is condoned.

L.P.A. No. 83 of 2019

7. The instant intra-court appeal is preferred against the order/judgment dated 16.08.2018 passed by learned Single Judge in W.P. (S) No. 6607 of 2016, whereby and whereunder the learned Single Judge, while allowing the writ petition, has held the order of termination dated 07.10.2016 to be unsustainable in the eyes of law, accordingly quashed and set aside the termination order and held the petitioner entitled for continuity in service with all consequential benefits.

8. The brief facts of the case, which are required to be enumerated herein for proper adjudication of the lis, are as under:

The writ petitioner (respondent herein) was initially appointed on the post of Para Teacher on 01.08.2003 at Government Primary School, Ratu, Ranchi and continued to work on the aforesaid post till his joining to the Post of Intermediate Trained Teacher in the district of Dhanbad. Thereafter, pursuant to advertisement being Advertisement No. 10/2015 inviting application for appointment to the post of Intermediate Trained Teacher, the petitioner applied for and after going through the selection process/counseling, he was declared successful, as such offer of appointment was issued from the office of appellant no. 4-District Superintendent of Education, Dhanbad vide Memo No. 4804 dated 14.12.2015. Accordingly, the writ petitioner-respondent submitted his joining report on 22.12.2015 before the Block Education Extension Officer, which was accepted vide Memo No. 691 dated 26.12.2015 and the writ petitioner was directed to join at Upgraded Middle School, Kuardih, Baliyapur, Dhanbad on 28.12.2015, where he started to discharging his duties.

But, all of a sudden, the writ petitioner-respondent was served with letter no. 3483 dated 27.09.2016 in the form of show cause asking as to why his services may not be terminated since he is not fulfilling the eligibility criteria of having minimum 45% marks in the Intermediate Examination.

In compliance thereto, the writ petitioner-respondent submitted reply on 06.10.2016 stating therein that minimum educational qualification for the Intermediate Trained Teacher is 45% marks in intermediate and there is relaxation of 5% marks for the reserved category candidate and since the writ petitioner-respondent who is a permanent resident of Jharkhand, belonging to Scheduled Tribe category and has 42.55% marks in intermediate, as such he is fulfilling the required educational qualification, as per the statute and the advertisement. According to the writ petitioner-respondent, the appellants-authority without considering the aforesaid reply has passed the impugned order of termination vide order date 07.10.2016, which was assailed before the learned Single Judge by filing writ petition being W.P.(S) No. 6607 of 2016 and the learned Single Judge after giving a finding to the effect that the petitioner has demonstrated that he has secured more than 40% marks and as such he is having requisite eligibility criteria and a