The power of review/revision can only be exercised if provided under the statute. The reservation policy is not required to be followed in minority schools.

JUDGMENT :

Sujit Narayan Prasad, J.

The instant intra-court appeal, under Clause-10 of the letters patent, is directed against the order/judgment dated 05.09.2017 passed by the learned Single Judge of this Court in W.P.(S) No.2615 of 2017, whereby and whereunder, the order dated 20.09.2016 has been quashed and set aside with a direction upon the respondents to release all consequential benefits to the petitioners (respondents herein) within a period of eight weeks from the date of receipt/production of a copy of this order.

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

It is the case that the School in question, i.e., Kshitish Deaf and Dumb Primary School, Nivaranpur, Ranchi is a Government Recognized Special Minority Aided School and all the expenses towards salary and retiral benefits of the teaching and non-teaching staffs appointed against sanctioned posts are being financed and funded by the State Government from public exchequer. Pursuant to the advertisement dated 23.12.2010, petitioners being B.A. and having special professional qualification of Diploma in Special Education – Hearing Impaired, applied for appointment as Assistant Teachers. After due process of scrutiny and interview, petitioners were selected and they gave their joining on 01.04.2011 and since then they are discharging their duties. Their appointments had also been approved by the District Superintendent of Education after necessary scrutiny and verification of documents, vide memo no. 1499, dated 09.05.2012 granting them Matric Trained Scale of Rs.9,300 – 34,800 from date of their joining. In spite of their joining and approval by the competent authorities, petitioners were not being paid their salary from the date of their initial joining. When no heed was paid to their representations, petitioners moved before this Court in W.P.(S) No. 3203 of 2013. However, during pendency of the writ petition, vide issuance of letter bearing no. 1905, Dated 21.05.2013, the approval of appointment of petitioners granted by the predecessor-in-office on 09.05.2012, was canceled without providing the opportunity of being heard. The ground of rejection is also frivolous as the condition of passing TET Examination was adopted by the State with effect from 05.09.2012 whereas the petitioners have joined their service on 01.04.2011, which was duly approved by the competent authority. Petitioners continued to work but their salary had been withheld. However, in the meantime, the writ petition filed by the petitioners was disposed of vide order dated 16.07.2014 and the matter was remanded back before respondent no.2–Director, Primary Education, Government of Jharkhand. However, when the respondents did not act pursuant to order of this Court, the petitioners filed Contempt Case (Civil) No. 824 of 2014. In the meantime, in light of order dated 16.07.2014, passed in W.P.(S) No. 3203 of 2013, the District Superintendent of Education, Ranchi submitted preposition statement in four copies along with necessary documents to the Director, Primary Education, Government of Jharkhand, which was duly replied by him vide letter no. 16 (Vidhi), dated 16.01.2015 directing the District Superintendent of Education, Ranchi to act in pursuant to Letter No. 957, dated 22.06.2014. In the meantime, the respondent no.2 passed order dated 20.09.2016, as contained in memo no. 669, whereby the petitioner's claim for fixation of pay has been rejected on the ground of “reservation roster not followed in their appointment” despite knowing the fact that roster policy is not applicable to the Minority Institutions in appointment of teachers and admission of students. However, after passing of impugned order dated 20.09.2016, as contained in memo no.669, the contempt proceeding was dropped.

It appears from the pleading made as re