IMPORTANT POINT
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and that teachers cannot claim a right to continue in service or receive wages without such verification.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard the learned counsel for the parties.

2. The batch of cases involve almost common issues and the arguments were advanced from the records of W.P.(S) No. 6021 of 2023 and W.P.(S) No. 6183 of 2023 and reference was also made to the records of W.P.(S) No. 6763 of 2023 where a legible copy of the advertisement dated 24th September 2005 (Annexure-1) has been annexed relating to 67 schools in the district of Palamau. It also contains the letter dated 20th September 2023 (Annexure-9) issued by the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, District- Ranchi, Jharkhand to the Divisional Commissioner, Palamau Division, District- Palamau, Jharkhand and other documents which are relevant for all the cases.

3. The dispute is relating to two blocks of the District of Palamau, they are, Naudiha Bazaar (210 teachers) and Chhatarpur (302 teachers) in total 512 teachers, all appointed in the year 2006 to 2008 pursuant to different advertisements. However, in the present batch of writ petitions there are only 348 petitioners and therefore this judgment will be confined to the writ petitioners involved in these cases.

4. Since the arguments have been advanced from the aforesaid three writ records, the prayers made therein are quoted as under:-

W.P.(S) No. 6021 of 2023 has been filed for the following reliefs :

“i. For issuing a writ of certiorari quashing/setting aside the letters dated 13.10.2023, 14.10.2023 & 16.10.2023 (Annexure-11 to 13) whereby and whereunder the respondent State authorities have illegally, unlawfully and without issuing the charge memo and without following the prescribed procedure in the Jharkhand Assistant Teachers Service Condition, Rules 2021, have illegally and with a pre-meditated mindset taken a blanket/en-masse decision to punish 210 Assistant Teachers working in Nawdiha Bazaar Block of Palamau District, including the present petitioners by ordering not to take any work from them and to further stop the payment of their salary which power they cannot exercise unless the services of the petitioners are finally terminated/ended up with after due compliance of the provisions of the prescribed Rules as contained in the Rules of 2021.

ii. For showing cause the respondents particularly respondent no. 5, 7 & 9 as to why, under what circumstances and under which provisions of law they can take a decision to not to take work from the petitioners and for stoppage of their salary merely on the basis of some enquiry/enquiries, if any, conducted behind the back of the petitioners after about 15 long years of service spent by the petitioners satisfactorily, particularly when the petitioners have not been served with any charge memo and no opportunity of hearing has ever been provided to them and admittedly even as per the impugned letters the matter appears to have been simply referred to the concerned Disciplinary-cum-Administrative Authority for making enquiry into the matters of appointment of the petitioners which obviously the petitioners claim to be made absolutely in accordance with law, as per established norms and by the competent appointing authority which the petitioners have narrated in detail in the body of the writ petition

AND/OR

During the pendency of the writ petition this Hon'ble Court may be pleased to stay the operation, implementation & execution of the letters dated 13.10.2023, 14.10.2023 & 16.10.2023 (Annexure-11 to 13), so far the petitioners are concerned AND/OR the respondents may be directed to pay the current salary/honorarium to the petitioners subject to result of the writ petition.

AND/OR

The petitioners pray for issuance of any other appropriate writ(s), order(s), Direction(s) for which the petitioner is found legally entitled to and also for doing conscionable justice to the petitioners.”

W.P.(S) No. 6183 of 2023 has