Md. Daud Ansari And Others vs The State Of Jharkhand And Others
2022 Latest Caselaw 2853 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(S) No. 988 of 2020

            Md. Daud Ansari and others                  ...     ...     Petitioners
                                     Versus
            The State of Jharkhand and others     ...       ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Piyush Chitresh, Advocate For the Respondents : Mr. Devesh Krishna, Advocate

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05/26.07.2022 Heard learned counsel appearing on behalf of the parties.

2. This writ petition has been filed for the following reliefs:-

For issuance of writ in the nature of certiorari for quashing (Annexure-4) the order No. 1082, 1084,1080,1081 and 1083 all dated 16.11.2019 in terms of which the petitioners have been terminated from their service as Inter Trained Teachers, on the ground that the petitioners have enhances their education qualification as a regular students while the petitioners were working as para teachers in their earlier appointments.

3. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed by this court in W.P. (S) No. 275 of 2017 which was decided on 23.01.2019. Learned counsel further submits that Appeal filed against the aforesaid judgment has been dismissed vide order dated 16.09.2019 passed in L.P.A. No. 385 of 2019.

4. Upon going through the order passed in W.P. (S) No. 275 of 2017 this court finds that the required permission to the concerned para teacher for enhancing the educational qualification was given by the Block Education Extension Officer and during the course of argument in the present case it transpired that the permission for enhancing the educational qualification has been given by the Village Education Committee.

5. The learned counsel for the respondents has referred to the counter affidavit which has been filed by the respondent No. 5 wherein he has referred to Annexure-C which is a letter No. 566 dated 23.09.2020 and is a communication to the Director of Primary Education from the side of the District Superintendent of Education

seeking instructions and directions in the matter of the present case. But it has not been brought on record as to what directions/instructions were received from the Director of Primary Education.

6. The learned counsel for the petitioner in the midst of the dictation of the order has referred to another order dated 03.12.2019 passed in W.P. (S) No. 2642 of 2018 and has referred to para 3 of the said order to submit that even the Village Education Committee is competent to grant due permission for additional educational qualification.

7. Considering the aforesaid facts and circumstances, the counsel for the respondents is directed to seek instructions from the respondent No. 2 and 3 and file a supplementary counter affidavit in the present case with particular reference to the stand taken by the petitioners that the even the Village Education Committee is the competent Authority for granting due permission for undertaking higher education. The supplementary counter affidavit should be filed by 10.08.2022.

8. Rejoinder, if any, should be filed by 17.08.2022.

9. Post this case on 24.08.2022.

10. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Binit