Md. Zameer Alam Son Of Md. ... vs The State Of Jharkhand
2021 Latest Caselaw 279 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P. (S) No.4921 of 2016
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Md. Zameer Alam son of Md. Maniruddin, resident of Village Ghutia, P.O. and P.S. Bengabad, District Giridih .... .... .... Petitioner Versus

1. The State of Jharkhand

2. Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S.Jagannathpur, District Ranchi

3. Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S.Jagannathpur, District Ranchi

4. District Superintendent of Education, Hazaribag, P.O., P.S. and District Hazaribag .... .... .... Respondents

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Altaf Hussain, Advocate For the Respondents-State : Mr. Shadab Bin Haque, A.C. to Sr. S.C. I

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06/19.01.2021 Heard Mr. Altaf Hussain, learned counsel for the petitioner and Mr. Shadab Bin Haque, learned counsel for the respondents.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

The petitioner has preferred this writ petition for quashing the order dated 09.07.2016 whereby appointment of the petitioner on the post of Graduate Trained Language (Urdu) Teacher, has been terminated with immediate effect.

The petitioner has passed B.Sc. Physics examination from Vinoba Bhave University, Hazaribagh in the year 2008. He has also passed B.Ed. examination from Vinoba Bhave University, Hazaribagh. The petitioner has also passed Teachers Eligibility Test (TET) for Class VI to VIII level. The petitioner was appointed as Para Teacher and had been teaching in Upgraded Middle School, Ambatand, Bengabad, District Giridih since 28.01.2010 to 06.01.2016 under Sarva Shiksha Abhiyan. An advertisement for appointment on large number of posts of teachers in Class VI to VIII level in different Primary/Middle Schools in various Districts of Jharkhand was published by the Education Department. The petitioner, pursuant to the said advertisement, made an application for appointment on the aforesaid post. On the application of petitioner, decision was taken by District

Education Establishment Committee in pursuance of its proceeding dated 23.12.2015 for appointment of the petitioner on the post of Trained Graduate Language (Urdu) Teacher vide order dated 02.01.2016. The name of petitioner figured at serial number 3. The petitioner gave his joining before Area Education Officer, Hazaribag on 07.01.2016. The said joining was duly accepted. The petitioner was sent for seven days' training at DIET, Hazaribag and after completion, he was teaching. A show-cause letter dated 22.06.2016 was issued to the petitioner stating that the petitioner's appointment has been found irregular and why not termination order be passed. The petitioner replied to the said letter, however, the services of the petitioner w.e.f. 09.07.2016 has been terminated. Aggrieved with this, the petitioner has filed this writ petition.

An identical issue was pending before Division Bench of this Court in L.P.A. No.219 of 2017 and by order dated 07.05.2019, this matter was adjourned to be listed after disposal of the said L.P.A. Now the said L.P.A. has been decided and the office has placed the order of said L.P.A. in this writ petition and that is why this writ petition is listed today.

Academic authority authorised by the Central Government for laying down the minimum qualifications for the teachers under the Right to Children to Free and Compulsory Education Act, 2009 with regard to National Council for Teachers' Education (NCTE) by notification dated 29.7.2011 laid down the minimum qualifications for appointment as a teacher for Class-IV to VIII.

In view of Jharkhand Elementary School Teachers Appointment Rule, 2012 Clause 5(Ka) dated 06.07.2015, it is stated that the candidates who have passed Graduation with Science/Maths subjects are eligible for appointment against the sanctioned post of Trained Graduate Science posts. In Clause-5 (Ga) of the advertisement, it has been stated that candidates who have passed his Graduation with language subject, shall be entitled for appointment against the post of Trained Graduate Language subject. The educational qualification of petitioner is Bachelor of Science, Physics (Hons.) along with the subsidiary subject of Chemistry and Mathematics whereas requirement was to be Graduate in the language subject for which the appointment of the petitioner was made. This aspect of the matter was considered by the co-ordinate Bench of this Court W.P.(S) No.4631 of 2015 along with analogous cases which was dismissed. Against this order, the writ petitioners have filed L.P.A. which was decided by the Division Bench by the

judgment dated 27.06.2019 and the Division Bench has affirmed the judgment of learned Single Judge. Learned counsel for the parties fairly admitted that the case of the petitioner is fully covered in view of the judgment of the Division Bench. It has also been stated at Bar that Division Bench judgment was decided by the Hon'ble Supreme Court and S.L.P. was also dismissed. Thus, the order has attained finality.

In view of above facts and considering the submission of learned counsel for the parties and looking to the judgment of Division Bench of this Court passed in L.P.A., no relief can be extended to the petitioner. Accordingly, the writ petition is dismissed. It is open to the petitioner to file representation for payment of salary for the period he has worked which can be considered by the competent authority who will pass the order for such payment for the period the petitioner has worked.

(Sanjay Kumar Dwivedi, J.)

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