IMPORTANT POINT
The judgment established the importance of valid educational qualifications under the Sarva Shiksha Abhiyan and the authority of the District Programme Officer in reinstating employees.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 07.09.2020 passed by the learned Single Judge of this Court in W.P. (S) No. 666 of 2013, whereby and whereunder, the order as contained in letter no. 112 dated 24.5.2008, so far as it relates to the petitioner, issued by the respondent no. 5, by which, the services of the writ petitioner as Para Teacher has been terminated, has been quashed and set aside by allowing the writ petition.

2. The brief facts of the case are required to be enumerated which reads as under.

3. It is the case that the writ petitioner was appointed as Shiksha Doot (Para Teacher) for imparting education to children in the upper Majdiha School and the petitioner joined on 27.02.2003 itself. The writ petitioner while discharging his duty, received honorarium time to time. But vide impugned letter no. 112 dated 24.05.2008, issued by the Block Education Officer, Sarwan, Deoghar, the services of the writ petitioner as Para Teacher was terminated on the ground that the petitioner did not possess the educational qualification of intermediate or its equivalent.

4. It is the further case that the petitioner educational qualification is Parveshika which is equivalent to matriculation from Hindi Vidyapith, Deoghar in the year 2000 and the petitioner passed the aforesaid examination in 2nd Division and a certificate to that effect has been provided by the competent authority on 21.07.2001.

5. Thereafter, the writ petitioner has obtained his Visharad Degree from Hindi Sahitya Sammellan, Prayag, Allahabad of the Session 2005-2006 and degree of Visharad along with mark-sheet of first part and second part have been issued by the competent authority.

6. The District Superintendent of Education Cum District Programme Officer, Deoghar issued letter no. 1503 dated 01.11.2008 in reference to letter no. 2251 dated 25.10.2008 by which, inter-alia stipulation was made and direction was given that those para teacher who have not increased their educational qualification to intermediate or equivalent should not be retained in service as Para Teacher.

7. The Jharkhand Academic Council, Ranchi vide letter dated 28.08.2008 issued under the signature of Secretary has clearly stipulated that the degree of Madhyama obtained from Hindi Sahitya Sammellan, Allahabad is equivalent to inter (Plus Two) examination.

8. The petitioner had obtained the degree of Madhyama Visharad on 31.12.2007 and the aforesaid degree is also equivalent to Intermediate, the termination of the services of the petitioner is illegal and against the guidelines of the department as contained in letter dated 01.11.2008.

9. The writ petitioner has also given representation dated 10.10.2012 to the District Superintendent of Education Cum District Programme Officer, Deoghar for payment of arrears of honorarium and for reinstatement in service as Para Teacher.

10. Thereafter, counter affidavit has been filed by the respondent (DSE Cum District Programme Officer, Deoghar) and stated that the petitioner has not submitted intermediate qualification documents till June, 2008 and therefore, the petitioner is not entitled for reinstatement on the post of Para Teacher.

11. It appears from the factual aspect as referred hereinabove based upon the pleading that the writ petitioner was appointed as para teacher but admittedly, at the time, when the appellant was not having with the intermediate pass certificate, however, in pursuance to the terms and conditions to obtain such degree of passing of intermediate examination is to be produced within three years from the date of such engagement. The writ petitioner had produced the certificate, but not of the intermediate, rather, its equivalent, that was issued from the Sahitya Sammelan, Prayag which commonly known as Madhyama Certifica