B.S.S. Pranavananda Vidya Mandir ... vs The State Of Jharkhand & Ors
2021 Latest Caselaw 2082 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P. (S) No. 158 of 2016

           B.S.S. Pranavananda Vidya Mandir (Middle) ...            ...      ...Petitioner
                               -Versus-
           The State of Jharkhand & Ors.       ...     ...            ...      ...Respondents
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CORAM: - HON'BLE MR. JUSTICE DR. S. N. PATHAK (Through: Video Conferencing)

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For Petitioner : Mr. Arpan Mishra, Advocate. For the Respondents : Mr. Mukesh Kumar Sinha, Sr. SC-I :Mr. Pankaj Kumar, AC to Sr. SC-I

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11/ 28.06.2021 Heard the parties.

Mr. Arpan Mishra, learned counsel appearing for the

petitioner and Mr. Mukesh Kumar Sinha assisted by Mr. Pankaj Kumar

appears for the respondents.

It has been submitted by learned counsel for the petitioner

that the issue in the instant writ petition is no more res integra and this

Court has considered the rules of the State while giving opportunity to

the assistant teachers in minority or any other government aided schools

and has observed that in case of minority or government aided schools

the rules of the State government regarding appointment of the assistant

teachers are not applicable. In the instant case though the petitioner was

over aged he obtained appointment which as per the government rules

was not permissible but taking shelter of the judgment rendered in

W.P.(S). No. 3889 of 2006, Mr. Arpan Mishra submits that the

petitioner's appointment could not be questioned by the State

government as there was no option other than to approve the

appointment recommended by the Management. On the other hand

Mr. Pankaj Kumar placed heavy reliance on clause Ga of Annexure-B to

the supplementary counter-affidavit dated 12.02.2018 and submits that

as per the order dated 13th November, 2010 passed by the Director of

Secondary Education the rules of the State government regarding

appointment and pay fixation is also applicable in the minority and

government aided schools.

Learned counsel has placed reliance on the judgment of

this Court in L.P.A. No. 221 of 2017 and submits that the Honourable

Single Judge has not taken care of the letter dated 30.11.2010 of the

Director Secondary Education and has stated that the order is not

applicable in the instant case rather the order passed by the Division

Bench dated 10th July, 2019 is squarely covered in case of the petitioner

and as such is fit to be dismissed, however Mr. Arpan Mishra learned

counsel for the petitioner prays for one more indulgence in order to

verify the judgment of this Court and the letter dated 30.11.2010.

Put of this case on 05.07.2021 under the heading for Final

Disposal.

[Dr. S. N. Pathak, J.] Tarun.