The qualification requirements for appointment as an Assistant Teacher in a Primary/ Middle school in the State of Jharkhand are prescribed under the Jharkhand Primary School Teachers' Recruitment Rules, 2012, Clause 3(ii)(a).

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Letters Patent Appellate Jurisdiction)

LPA No. 570 of 2019

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Dashrath Mistery, son of Late Akal Mistery, resident of village: Jat Ghaghra,

PO: Barkangango, PS: Barkattha, District: Hazaribag.

... Petitioner/ Appellant

Versus

1. The State of Jharkhand represented through the Secretary, School

Education & Literacy Department, Govt. of Jharkhand, at Project Building,

Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi.

2. The Director, Directorate of School Education & Literacy, Primary

Education, Govt. of Jharkhand, Ranchi, at: Project Building, Dhurwa, P.O.

& P.S.- Dhurwa, District-Ranchi.

3. The Deputy Commissioner, Koderma. P.O. +P.S.+ District: Koderma.

4. The District Superintendent of Education-cum-Sub Divisional Education

Officer, Koderma, P.O. +P.S.+ District: Koderma.

… Respondents/Respondents

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CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON’BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Shail Lakra, Advocate

For the State : Mr. Devesh Krishna, S.C. Mines-III

: Mr. Ashish Kumar, A.C. to S.C. Mines-III

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O R D E R

5^th January 2023

Per, Shree Chandrashekhar, J.

IA No.6362 of 2021 for condonation of delay and IA No.11181

of 2022 for producing additional documents are allowed.

2.

The appellant is aggrieved by the order dated 10^th September

2018 by which WP(S) No. 6915 of 2016 has been dismissed.

3.

In WP(S) No. 6915 of 2016, the appellant laid a challenge to

the order of termination dated 4^th October 2016 which was issued on the

ground that the appellant did not possess requisite qualification as

prescribed under the Jharkhand Primary School Teachers' Recruitment

Rules, 2012.

4.

Before the writ Court, the appellant relied on an order issued by

the National Council for Teachers' Education on 13^th May 2004 whereunder

a clarification has been issued that 2 years' Nursery Teachers' Education

Programme has been approved as a valid qualification for appointment on

the post of primary teacher. The writ Court did not accept the aforesaid

proposition and held that such clarification shall not confer requisite

2 L.P.A. No. 570 of 2019

qualification for appointment on the post of Assistant Teacher in the

Primary/ Middle school in the State of Jharkhand.

5.

Under clause 3(ii)(a) of the Advertisement No.23/Kod/2015-16,

a candidate seeking appointment on the post of Assistant Teacher is required

to possess qualification of higher secondary with minimum 50% or its

equivalent with 2 years' Diploma in primary education (by whichever name

it is known). Another qualification which is prescribed under clause (3)(ii)

(b) is that the candidate must have passed TET conducted by the State of

Jharkhand for class 1 to 5 as per the guidelines issued by the National

Council for Teachers' Education for class 1 to 5.

6.

The stand taken by the appellant is such that without looking

into any other document, the plea raised by him can be decided. The

appellant does not possess the requisite qualification of 2 years' Diploma in

primary education. His contention that his qualification is equivalent to

2 years' Diploma in primary education cannot be accepted, for equivalance

of qualification is an issue which falls exclusively in the domain of the

educational regulator.

7.

Having regard to the aforesaid, we find no error in the writ

Court's order and, accordingly, LPA No. 570 of 2019 is dismissed.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.)

Jharkhand High Court, Ranchi

Dated-5^th January 2023

Sharda/S.B.-NAFR