A teacher's dismissal without following disciplinary procedures is unlawful, and a candidate pursuing a Teacher Training Course is eligible for the Teacher Eligibility Test.

JUDGMENT :

Rajesh Shankar, J.

The present writ petition has been filed for quashing the office order as contained in memo No. 1546 dated 2.8.2018 (Annexure-9 to the writ petition) issued by the respondent No.3 whereby the petitioner has been dismissed from service. Further prayer has been made for issuance of direction upon the concerned respondents to pay salary to the petitioner for the period from 15.1.2016 to 2.8.2018 i.e. from the date of joining in the office of Area Education Officer, Sadar Giridih till the date of dismissal as he had worked during the aforesaid period, but salary was not paid. The petitioner has also prayed for directing the respondents to reinstate him in service with all consequential benefits including the back wages.

2. Learned counsel for the petitioner submits that the petitioner was initially appointed as Para Teacher on 15.9.2009 in Upgraded Middle School, Tilaiya under Bishnugarh block of Hazaribagh district. He was enrolled by the concerned department in National Institute of Open Schooling, Noida to complete the course of Diploma in Elementary Education (D. El. Ed.) (Session 2012-14) in the year 2012 and while pursuing the said course, he passed the Jharkhand Teachers' Eligibility Test, 2012 (JTET) held in the month of April, 2013 and the certificate to that effect was also issued to him on 28th May, 2013. A certificate of Diploma in Elementary Education was issued to him by the National Institute of Open Schooling, Noida on 25.02.2015. Thereafter, he applied for appointment to the post of Trained Graduate Teacher (Class 6 to 8) in the ‘Language’ subject pursuant to Advertisement No. 04/2015 issued by the office of the respondent No.3 and was finally appointed on the said post vide office order as contained in memo No. 11 dated 05.01.2016 issued by the respondent No.3. Accordingly, he was relieved from the post of Para Teacher, Upgraded Middle School, Tilaiya, Hazaribagh to join in the office of the Area Education Officer, Sadar, Giridih vide office order as contained in memo No. 47 dated 13.01.2016 where he joined on 15.01.2016. Thereafter, vide office order as contained in memo No. 477 dated 01.03.2016 issued by the respondent No.3, he was posted at Middle School, Hesla, Bagodar where he joined on 04.03.2016. The petitioner was further deputed in Upgraded Middle School, Ghaghra (Bagodar) vide office order as contained in memo No. 701 dated 17.6.2016, however, he subsequently returned to his original place of posting i.e. Middle School, Hesla. Thereafter, he received the letter as contained in memo No. 2299 dated 22.09.2016, issued by the respondent No.3 seeking explanation on the issue that he passed the Jharkhand Teachers’ Eligibility Test (JTET) in the year 2013, however, he passed the Teacher Training Examination (i.e. D. El. Ed.) in the year 2015 which showed that he had not passed the Teacher Training Examination before clearing the Jharkhand Teachers’ Eligibility Test. The said letter was replied by the petitioner on 22.10.2016, however, he was dismissed from service vide the impugned office order as contained in memo No. 1546 dated 2.8.2018 issued by the respondent No.3.

3. It is further submitted that as per proviso to Rule 8(2) of the Bihar State (now Jharkhand) Nationalised Elementary School Teachers (Transfer and Disciplinary Action) Rules, 1994, dismissal of a teacher is a major penalty and as such initiation of departmental proceeding is sine qua non before passing the order of dismissal from service. However, the said Rule was not adhered to before passing the impugned order of dismissal. The respondents have not even paid salary to the petitioner for the period he worked from 15.1.2016 to 2.8.2018. The petitioner had joined the post of Assistant Teacher after relieving from the post of Para Teacher and as such his illegal dismissal from service has put him to deprivation of livelihood.

4. Per-contra, learned counsel for the respondents submits that the petitioner was selected for