Chandra Bhushan Karowa vs State of Jharkhand

Aparesh Kumar Singh, J. - Heard counsel for the parties.

Petitioner is aggrieved by the report of Three Men Alam Committee dated 30.09.2007 (Annexure-2) in respect of Project Girls High School, Bharbharia, Manjhari, West Singhbhum as his case for recognition of services has been rejected on the grounds that he is still untrained. The report refers to his date of appointment as 03.08.1984 / 05.08.1984 and that he was holding the qualification of B. Com at the time of his appointment.

Learned counsel for the petitioner has referred to letter no. 142 dated 04.02.1989 (Annexure-3) which contains sanction of units in different subjects for the post of Assistant Teacher. It is submitted that in the category of other subjects, Commerce is also one of them. According to the petitioner, the ground of rejection is contrary to the same Circular (Annexure-3) whereunder, recognition of services could be granted to the candidates belonging to the female, harizan and scheduled tribe, even though they may be untrained. Petitioner has cited instances of such persons who fall in the category of female, harizan and/or scheduled tribe whose services have been recognised by the respondent State after they approached this Court invoking the writ jurisdiction of this Court. Judgments relied are at Annexure- 5 in the case of Smt. Sameri Hansda v. The State of Jharkhand and Ors. dated 22.07.2013 passed in WPS No. 7625/2011, Annexure-6 in the case of Abhilasha Jha v. The State of Jharkhand through the Principal Secretary, Human Resources Development Department and others dated 13.03.2014 passed in WPS No. 7220/2011, Annexure-7 in the case of Kunti Birua v. The State of Jharkhand and others dated 26.10.2015 passed in WPS No. 341/2015 and Annexure-8 in the case of Sidheshwar Leyangi and others v. The State of Jharkhand through its Secretary, Human Resources Development Department and others dated 21.05.2015 passed in WPS No. 5505/2009. Petitioner has also enclosed an office order passed in the case of one Swarn Lata pursuant to the direction of this Court in WPS No. 6561/2013 being memo no. 3245 dated 01.12.2015 where under, services of such Assistant Teacher have been recognised in Project Girls High School, Markacho district Koderma, though she was untrained relying upon the conditions incorporated in the departmental letter no. 142 dated 04.02.1989 (Annexure-3). Reference is also made to the Notification No. 424 dated 09.02.2011 where under also, certain untrained teachers like Sajla Verma and Juhi Kumari got recognition of their services, though they were untrained teachers working in Langta Baba Project Girls School, Mirzaganj, Giridih. Being aggrieved, petitioner has approached this Court for appropriate relief. Petitioner claims to be a Member of the Scheduled Tribe Community.

Learned counsel for the State submits that the writ petition has been filed only in the last month and instructions have not been received. However, he submits that the petitioner may be directed to approach the competent authority / Respondent No. 3 - Director, Secondary Education, Department of Human Resources Development, Govt. of Jharkhand with a fresh representation duly supported with all necessary facts and documents, which may be considered in accordance with law after due scrutiny of relevant records, judgments and various orders relied upon by the petitioner.

In the aforesaid state of facts pleaded and submissions made, at this stage, without making any comments upon the merits of the petitioner''s case, it is deemed appropriate that he should approach the Respondent No. 3 - Director, Secondary Education, Department of Human Resources Development, Govt. of Jharkhand through proper channel of Respondent No. 5 - District Education Officer, West Singhbhum, Chaibasa for redressal of his grievances by way of a fresh representation, duly supported with all necessary facts and documents and judgments relied upon. Due consideration be accorded to his representation by the Respondent No. 3 in accordance with law within a reasonable time, preferably twelve weeks from the date of receipt of a copy of this order along with the representation.

Needless to say, dependent upon such decision, if petitioner''s services are recognised in the school in question, consequential benefits arising therefrom be extended to the petitioner thereafter within a reasonable time. It is also observed that while taking such a decision, Respondent No. 3 would not be inhibited by the findings of Three Men Alam Committee Report (Annexure-2) in respect of the petitioner.

Writ petition stands disposed of accordingly.