Sumila Kumari vs State of Jharkhand And Ors

The petitioner has approached this Court for quashing the letter No.3050 dated 31.12.2016 issued by the District Superintendent of Education, Ramgarh by which the candidature of the petitioner for her appointment as Inter Trained Teacher, para category under Ramgarh District has been cancelled and to appoint her to the post of Inter Trained Teacher, para category under Ramgarh District with all consequential benefits as the petitioner has been found successful and her name has also been found in the merit list and has been called for counselling by the respondents for her appointment to the aforesaid post.

The case of the petitioner lies in a narrow compass. The petitioner passed Matriculation examination in the year 2003 from Jharkhand Secondary Examination Board, Ranchi and obtained 2nd Division and thereafter she also passed Intermediate examination in the year 2005 from Jharkhand Academic Council, Ranchi and obtained 2nd Division. Besides this, the petitioner has passed Diploma in Primary Education Examination from IGNOU, Ranchi in the year 2008 and has also qualified in the Teacher's Eligibility Test, 2012. On being duly appointed the petitioner has joined as para-teacher on 15.02.2004 and has been working on the said post in Government Upgraded Middle School, Chotki Dundi, Mandu, Ramgarh. A certificate to that effect has been issued by the Joint signature of Block Education Extension Officer, Mandu, Ramgarh and President and Secretary of the Managing Committee, Govt. Upgraded Middle School, Chotki Dundi, Mandu. At the time of joining as para-teacher, the petitioner was having qualification of Matric. However, in order to enhance her qualification she had already taken admission in Intermediate course in Ramgarh College, Ramgarh Cantt in Session 2003-05 and prior to her joining as para teacher on 15.10.2004 she had already attended about 60% of her classes. Vide letter No.929 dated 19.4.2004 issued by District Programme Coordinator, Jharkhand Education Project, Hazaribag a direction was given that such para-teacher, who had having qualification of Matric Pass should ensure to produce completing Intermediate Pass certificate within two years from IGNOU or any other means. Further a direction was also given that Intermediate pass para teacher is required to obtain training & Diploma in Education from IGNOU. Another letter No.1913 dated 05.11.2004 was also issued by the State Project Director, Jharkhand Education Project, Ranchi addressed to all District Programme Coordinators relating to acquiring Intermediate qualification by Matric qualified para teachers. In the said letter it has been mentioned that as per NCTE guideline the minimum qualification of the teachers in primary schools should be Intermediate pass and trained. Further in the said letter it has been mentioned that it is essential for untrained Intermediate or above qualified teachers to obtain certificate of two years diploma course in primary education from IGNOU. The expenditure of the same shall be borne by the office of the Jharkhand Education Project.

In view of the letter No. 1913 dated 5.11.2004 and notification No.238 dated 4.9.2001 of National Council for Teacher Education, it was required for the petitioner who was working as para teacher to enhance her qualification up to Inter level. In order to meet the said requirement through letter dated 9.3.2005 the petitioner requested the Headmaster cum Secretary, Village Education Committee, Government Primary School, Chotki Dundi to allow her to participate in the Intermediate Examination which was to be held from 10th March, 2005 and on the said request of the petitioner due permission was granted by the aforesaid authority allowing her to participate in the said examination. After obtaining due permission, the petitioner appeared in the Intermediate examination and result of the said examination was published on 17th June, 2005.

An advertisement No. 01/2015 was published from the office of the District Superintendent of Education, Ramgarh for appointment to the post of Inter Trained Teacher/Inter Trained Urdu Teacher (whichever is applicable) on the website of the said office. At para-3 of the said advertisement the eligibility criteria has been fixed, para-3 (ii) (a) of which makes minimum 50% marks in higher secondary or its equivalent examination pass and two years Diploma in Primary Education (whichever may be given) as one of the criteria for making application for the said post. Further from perusal of para-12 of the said advertisement it is evident that as per Jharkhand Primary School Teachers Appointments (1st Amendment) Rules, 2014, 50% vacancy of the teachers were to be drawn from such eligible para-teachers who have rendered service of at least 2 years or more on 1st August of the calendar year as a para-teacher imparting education in Sarv Shiksha Abhiyan and rest 50% of the posts were reserved for the applicants having non-para teachers eligibility. The petitioner fulfilling the eligibility criteria as mentioned in the said advertisement, made her application for her appointment to the post of Inter Trained Teacher para category under Ramgarh District and was found successful. Her name appeared in the merit list at serial No.109 in the Hindi Para 6th provisional merit list.

Thereafter petitioner was called for counselling in the office of the District Superintendent of Education, Ramgarh and also submitted her certificate duly received in the office of the said authority on 09.12.2015. After counselling, the petitioner was hopeful that appointment letter shall be issued soon but she was surprised to receive a letter No. 272 dated 26.2.2016 issued by District Superintendent of Education, Ramgarh whereby an explanation was asked from the petitioner to explain under whose permission she has completed Inter on regular basis while working as a para teacher. In compliance of the said letter she submitted her explanation to the District Superintendent of Education, Ramgarh duly received in the office of the said authority on 10.3.2016. In the said explanation, the petitioner has clearly stated that she has appeared in the Intermediate examination after obtaining due permission from the President and the Headmaster cum Secretary of Village Education Committee, Primary School, Chotki Dundu. Besides this the petitioner also gave some other relevant explanation. Regarding enhancement of qualification of the petitioner a verification/inspection was also made by the Block Education Extension Officer, Mandu, Ramgarh and the said authority through letter No. 191 dated 1.9.2016 has submitted the verification report to the District Superintendent of Education, Ramgarh. In spite of the aforesaid facts that the petitioner has neither made any misrepresentation nor has suppressed anything at the time of her making application and counselling, the respondents have arbitrarily issued letter No.3050 dated 31.12.2016 whereby the candidature of the petitioner for her appointment as Inter trained teacher para category under Ramgarh District has been rejected on the ground that the petitioner has passed Intermediate on regular basis working as para-teacher and hence this writ petition.

Mr. Shadab bin Haque, learned Counsel for the petitioner strenuously urges that cancellation of the candidature of the petitioner is arbitrary and de hors the Rules. Petitioner fulfils all the eligibility criteria mentioned in the advertisement. Besides this, there is no break in service of the petitioner as para teacher and as such her candidature for appointment as Intermediate trained teacher (para category) ought not to have been cancelled by the respondents. After obtaining due permission from the competent authority, the petitioner participated in the Intermediate examination and declared pass in 2nd Division. Several teachers, who were also working as a para teacher in their respective schools and have completed their Intermediate and obtained training of Diploma in Primary Education on the expenditure borne by the Government working as para teacher, have been appointed as Intermediate trained teacher under para category within Ramgarh District and the petitioner is being discriminated without any cogent reason.

Per contra counter-affidavit has been filed.

Learned Counsel for the respondents drawing the attention of the Court towards paragraph No.13 of the counter affidavit submits that vide letter No.1913 dated 05.11.2004 direction was given to all the District Programme Officers/District Programme Co-ordinates of the State that all the matric untrained para teachers had to enhance their educational qualification to Intermediate from the "National Institute of Open Schooling at their own cost and nowhere it is mentioned that para teacher will enhance their educational qualification as regular candidates from the colleges and shall work in the school and get the honorarium also. The petitioner had never obtained permission from the D.S.E., Ramgarh for enhancement of her educational qualification as a regular student. She was not supposed to get admission as regular student in the Intermediate College. Moreover the institute from which she claims to have passed her Intermediate course is not as institute which provides correspondence course, therefore, her candidature has rightly been rejected.

Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that case of the petitioner needs consideration in view of the fact that the petitioner fulfils all the eligibility criteria mentioned in the advertisement. Besides this, there is no break in service of the petitioner as para teacher. Even the respondents have not at all considered the explanation given by the petitioner or even the enquiry/verification report which clearly explains the case in detail. I find that rejection of the candidature of the petitioner vide order dated 31.12.2016 is not sustainable in the eyes of law and hence it is fit to be quashed and set aside.

Accordingly, letter dated 31.12.2016 is hereby quashed and set aside directing the respondents to accept the appointment of the petitioner in Ramgarh district as Inter Trained Teacher (para category) within a period of four weeks from the date of receipt/production of a copy of this order.

Consequently, this writ petition stands allowed.