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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ravi Ranjan, Sujit Narayan Prasad, JJ.
Rajan Sanga - Appellant
Versus
The State of Jharkhand through Secretary, Department of Human Resources Development and ors. - Respondents
L.P.A. No.358 of 2020
Decided On : 09-06-2022
TET Qualification - Intermediate Trained Teacher - Rule-2012 - [Rule-2012] - [Rule-2012, Section 21-12-2013, Section 945] - The court discussed the eligibility criteria for the post of Intermediate Trained Teacher as per Rule-2012, emphasizing the requirement of passing TET examination for Class-I-V with 50 per cent marks in the intermediate examination and a two years diploma. The court highlighted the lack of requisite qualification in the writ petitioner and upheld the administrative decision of the authority.
Fact of the Case:
The writ petitioner was appointed as Assistant Teacher on compassionate ground but later his appointment as Intermediate Trained Teacher was declared illegal due to lack of required qualification as per Rule-2012.
Finding of the Court:
The court found that the writ petitioner lacked the necessary qualifications to hold the post of Intermediate Trained Teacher as per Rule-2012 and upheld the administrative decision of the authority.
Issues: The issue involved whether the writ petitioner was entitled to hold the post of Intermediate Trained Teacher.
Ratio Decidendi: The court emphasized the requirement of passing TET examination for Class-I-V with 50 per cent marks in the intermediate examination and a two years diploma as per Rule-2012, and concluded that the writ petitioner lacked the requisite qualification for the post.
Final Decision: The instant appeal was dismissed, upholding the administrative decision of the authority.
JUDGMENT :
The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 13.10.2020 passed by the learned Single Judge of this Court in W.P.(S) No.5870 of 2019, whereby and whereunder, the writ petition has been dismissed by the learned Single Judge declining to interfere with the order dated 18.10.2019, whereby, the appointment of the writ petitioner has been declared illegal stating therein that on the date of his compassionate appointment, he was having no required qualification for the post of Intermediate trained teacher as per Rule, 2012.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
The writ petitioner applied for compassionate appointment in place of his mother and has been appointed as Assistant Teacher on compassionate ground on 23.12.2013 in the Middle School, Kothar, Ramgarh.
It is the case of the writ petitioner that by virtue of an amendment brought in the provision of Rule 11 of the Jharkhand Primary School Teachers Appointment Rules, 2012 vide notification no.1533 dated 31.07.2014, wherein, the grade pay scale of the teachers who were appointed for teaching of Class-I-V and the teachers who were appointed for teaching of Class VI-VIII have been isolated and basic scale of the teachers who were appointed for Class I-V of Rs.9300-34800 and grade pay scale of Rs.4200 and the basic scale of the teachers who were appointed for Class VI-VIII, was of Rs.9300-34800 and grade pay scale of Rs.4600. It is the further case of the writ petitioner that he has completed B.Ed. in the year, 2012 from Vinoba Bhave University, Hazaribagh and has qualified in the Teachers Eligibility Test-2013 as Assistant Teacher for Class-VI-VIII. The writ petitioner has been appointed on compassionate ground after taking into consideration the eligibility of the writ petitioner but appointed as Intermediate Trained Teacher and as such, the writ petitioner has made a representation requesting therein to adjust him for teaching of Class VI-VIII and revise his grade pay scale on the basis of notification no.1533 dated 31.07.2014.
The respondent State having taken no action, the writ petitioner was compelled to file writ petition before this Court being W.P.(S) No.4347 of 2016 praying therein for issuance of direction upon the respondents to revise the grade pay scale on the basis of the notification no.1533 dated 31.07.2014, wherein, basic grade pay of the teachers has been amended, as basic pay scale of Rs.9300-34800, grade pay of Rs.4200 for the teachers who have been appointed for the Class I-V and the basic scale of teachers who were appointed for Class VI-VIII was in the Scale of Rs.9300-34800, grade pay of Rs.4600, whereas, the writ petitioner has qualified in the Teachers Eligibility Test2012 as Assistant Teacher for Class-VI-VIII and has been appointed as Science Teacher on 23.12.2013 for teaching of Class I-V. The further prayer has been made for issuance of direction upon the concerned respondents, after revising the grade pay scale of the writ petitioner to pay the difference of arrears of salary.
The aforesaid writ petition was disposed of vide order dated 23.08.2018 with a liberty to the writ petitioner to approach before the Secretary of the Department by filing the representation along with the copy of the writ petition and other documents, if so required, and upon receipt of the same, the department concerned, has been directed to take a decision within the stipulated period.
The respondent, in terms thereof, has passed an order on 18.10.2019, by which, the appointment of the writ petitioner was declared to be illegal stating therein that on the date of his appointment, the writ petitioner was having no required qualification for the post of Intermediate Trained Teacher as per Rule, 2012 and the department resolution dated 13.05.2013.
The writ petitioner, being aggrieved with the said order, has approache
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