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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI, JJ.
Baijanti Yadav – Appellant
Versus
The State of Jharkhand – Respondent
L.P.A. No.502 of 2023
Decided on : 16-04-2024
(A) Right to Education Act, 2009 - Section 23 - NCTE Act - Minimum educational qualification for para teachers - The appellant was appointed as a para teacher based on matriculation but failed to obtain the required intermediate certificate within the stipulated time, leading to termination of her contract. The court upheld the decision of the learned Single Judge, emphasizing that equity cannot override statutory provisions. (Paras 10, 21, 31, 36)
(B) Equity - The court reiterated that while equity is important, it cannot be used to perpetuate illegality or non-compliance with statutory requirements. (Paras 27, 28, 30)
Facts of the case:
The appellant was appointed as a para teacher in 2003 but did not submit the required intermediate certificate until 2010, leading to her contract's termination based on a policy requiring compliance within three years.
Findings of Court:
The court found that the learned Single Judge correctly applied the law regarding educational qualifications and did not err in dismissing the writ petition.
Issues: Whether the appellant's long service could justify her non-compliance with the educational requirements.
Ratio Decidendi: The court ruled that statutory qualifications must be met for public office, and equity cannot be invoked to bypass legal requirements.
Result: The appeal is dismissed.
JUDGMENT :
Per Sujit Narayan Prasad, J.
1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 11.07.2023 passed by the learned Single Judge of this Court in W.P.(S) No.3864 of 2020, whereby and whereunder, the learned Single Judge has declined to interfere with the decision taken as contained in letter no.655 dated 10.09.2020 by which the contract of the petitioner has been terminated.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, reads as under:-
3. It is the case of the writ petitioner that on 16.03.2003, the village education committee was constituted and writ petitioner was selected as Para-Teacher on the same day and subsequently, her selection was approved by the committee and thereafter, she was sent for training to Block Resource Center, Pratappur, Chatra, thereafter, she was released vide office order dated 23.07.2003 for giving her joining in Utkramik Prathmik Vidyalay, Bantha under Kunda Block, Chatra.
4. The writ petitioner joined as Para-Teacher on 23.07.2003 in Utkramik Prathmik Vidyalay, Bantha, Chatra and since then she was working sincerely.
5. It is the further case that subsequently with permission of the Department, the writ petitioner had appeared in Intermediate Examination and passed in 2nd Division from Hindi Vidyapith, Deoghar (Jharkhand) in the Year 2009 and submitted her certificate before the respondent authorities and continued her service.
6. The writ petitioner was rendering her service as Para Teacher from the date of her joining even after submissions of intermediate pass certificate in the Year 2010, but, no explanation was asked from her by the respondent authorities till her removal from service, i.e., in the Year, 2020.
7. The Respondent No. 4 issued impugned Letter No. 655 dated 10.09.2020 against the writ petitioner directing the Respondent No. 5 for terminating the contract of the writ petitioner/appellant working as Para Teacher pursuant to Letter dated 04.09.2015 issued by the Respondent No. 2.
8. Thereafter, the respondent no. 2 issued letter on 04.09.2015 to the District Education Superintendent-cum- District Program Officer of all the districts stating therein last date for submitting intermediate pass certificate was June, 2008. The Para Teachers whose qualification was matriculation directed to issue show cause notice within seven days and after five years, the writ petitioner/appellant has been removed from the service though the writ petitioner has already submitted her certificate in the Year 2010 much prior to issuance of letter dated 04.09.2015.
9. Being aggrieved with the aforesaid, the writ petitioner preferred writ petition for quashing of Letter No. 655 dated 10.09.2020 and after hearing the counsel for the parties, the learned Single Judge has dismissed the writ petition on 11.07.2023 being W.P. (S) No. 3864 of 2020.
10. It is evident from the factual aspect as referred hereinabove that the petitioner was appointed as Para Teacher, based upon her qualification of matriculation. However, the minimum requirement so far as the educational qualification was concerned during the relevant time, was intermediate, but the State Government in order to make out mechanism so as to provide an opportunity to such candidates who have appointed as para teacher, based upon the matriculation qualification, have been given chance to obtain the intermediate certificate within the period of 3 years, in view of the decision so taken by the State Government on 30.01.2004.
11. The appellant/writ petitioner, however, has not obtained the intermediate certificate within the period of three years from 30.01.2004, rather, he has obtained the certificate sometime in the year, 2010. But in the meanwhile, the competent authority due to non-compliance of the aforesaid policy decision since, the intermediate certificate had not been submitted, has taken decision to rescind the contract o
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