AI Structured Summary
Not yet generated for this judgment
Judgment
In the accompanied writ application the petitioner has sought for cancellation of selection of respondent no.7 as Para Teacher and has sought for direction upon the respondents to appoint the petitioner as Para Teacher in place of respondent no.7.
Learned counsel for the petitioner, Mr. Rohit Agrawal appearing on behalf of Mr. Arvind Kr. Choudhary during course of hearing submitted that the selection of respondent no.7 as para teacher in Utkramit Prathmik Vidyalaya, Asahna, Santhal Tola, Sarath has been done in violation of rules and regulations laid down under Sarva Shiksha Abhiyan. Learned counsel further submits that the respondent no.5 and 6 in a collusive and arbitrary manner have selected the respondent no.7 as Para Teacher thereby the right of the petitioner for selection to the appropriate post has been extinguished.
Controverting the averments made in the writ application, counter affidavit has been filed on behalf of the respondent nos.1 to 4. It has been submitted in the counter affidavit that as per the direction of the Chairman, Jharkhand Block Education Committee, Sarath, a meeting of Gram Shiksha Samittee N.P.S. Asahna Santhal Tola within Sarath P.S. was convened on 17.09.2007.The President and large numbers of members/villagers who put their respective signature and L.T.I in the proceeding register in token of their presence, selected one Yamuna Mandal-respondent no.7 as Para Teacher to teach the students of N.P.S. Asahna Santhal Tola, vide Annexure- A to the counter affidavit. Subsequently, a meeting of the Block Education Committee, Sarath was held on 11.10.2007 and selection of respondent no.7 as Para Teacher has been approved vide resolution no.20 of the said meeting as evident from Annexure-B to the counter affidavit. It has further been stated in the counter affidavit that power to select Para Teacher is fully vested in Gram Shiksha Samittee and aggrieved person may prefer an appeal before the Chairman, Sarva Shiksha Aviyan-cum Deputy Commissioner with a reasonable time. In the instant case, the petitioner has never challenged the resolution of selection of Para Teacher along with approval of Block Education Committtee before the Chirman, Sarva Shiksha Aviyan- cum-Deputy Commissioner, Deoghar.
Mr. R.K. Shahi, J.C. to AAG for the State has reiterated the submissions made in the counter affidavit. Learned counsel for the State has assiduously submitted that the relief sought for by the petitioner is thoroughly misconceived in facts as well as on law and petitioner is not entitled to any relief sought for, hence the writ petition is liable to be dismissed.
Having heard learned counsel for the respective parties and on perusal of the records, I am of the considered view that the petitioner has not been able to make out a case for interference, in view of the categorical statement made in the counter affidavit.
Viewed thus, this Court is not inclined to interfere in the selection of respondent no.7. Accordingly, the writ application sans merit is dismissed. However, dismissal of the writ application shall not be an impediment for the petitioner to approach before the appropriate authority for redressal of his grievances.