Swarn Lata vs State of Jharkhand

Aparesh Kumar Singh, J.—Heard learned counsel for the parties. The petitioner herein is said to have been appointed on 02.01.1985, when she was only graduate, in the Project Girls High School, Markachcho, district-Koderma by the Managing Committee before the date, the school was taken over as Project Girls High School.

The petitioner''s service has not been recognized by the State Government in view of the findings of the Three Man Committee constituted by the State Government vide notification dated 20.07.2006 bearing memo No. 1514 issued by the Human Resources Development Department, Government of Jharkhand. The said committee was constituted in view of the judgment rendered by the Apex Court in State of Bihar and Others Vs. Project Uchcha Vidya, Sikshak Sangh and Others, . According to the Three Man Committee report, which examined the validity of service of employee of Project Girls High School (1984-85 phase), the petitioner at the time of her appointment on 02.01.1985 was simply graduate. Later on in the year 1996, she came to possess Siksha Visharad Degree from Hindi Sahitya Samellan, Allahabad. Since, the institution Hindi Sahitya Samellan and its Degree have not been recognized by the State Government, Alam Committee did not make its recommendation for regularization of the petitioner''s service, as per the stand taken by the respondent.

Learned counsel for the petitioner has relied upon the judgment rendered by the Hon''ble Supreme Court at Annexure-10, in Civil Appeal No. 308 of 2013 in the case of an Assistant Teacher in Project Girls High School and stated that even though the service of the teacher namely Kumari Shabnam was terminated by the respondent-Government of Bihar and was upheld by the Patna High Court in view of the fact that the degree obtained by the appellant from All India Correspondence Coaching Society, West Bengal has not been recognized by the State Government, but the Apex Court in the end of justice directed the respondent to continue her in service without insisting on production of a fresh certificate of teachers'' training from a recognized institution.

However, perusal of the said judgments indicates that the Hon''ble Apex Court at the end clearly observed that the order shall not be treated as precedent for other cases. However, additional grounds have been raised by the learned counsel for the petitioner that services of untrained lady teachers have been recognized vide notification contained in Memo No. 424 dated 09.02.2011 issued by the Human Resources Development Department, Government of Jharkhand. However, in support of such ground no specific instances of any untrained lady teacher has been shown. Therefore, the respondent cannot be blamed for not giving any specific answer.

Learned counsel for the petitioner has relied upon the judgment rendered by this Court in the case of Abhilasha Jha and the State of Jharkhand and Ors. in W.P. (S) 7220 of 2011 vide judgment dated 13.03.2014.

Having regard to the aforesaid facts and circumstances, therefore, the response of the respondent-State for refusing recognition of the service of the petitioner on the ground that she had obtained teacher training qualification from an institution not recognized by the State Government cannot be faulted. Therefore, this Court is not inclined to interfere with the present writ petition.

However, the petitioner is at liberty to make a fresh representation before the respondent-Directorate of Secondary Education, Government of Jharkhand for consideration of her case, if she is able to show that the services of teachers belonging to the petitioner''s category, who were untrained, were recognized by the State Government. The petitioner may also bring to the notice of the respondent-Directorate, Secondary Education, if any such case of similarly situated employees have been recognized by the State Government. The respondent authorities, upon her representation, shall consider the same in accordance with law within a reasonable time preferably 16 weeks from the date of such representation. The writ petition is, accordingly, disposed of.