JTET / JHARKHAND TEACHER ELIGIBILITY TEST : TET MANDATORY TO BECOME TEACHER
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7680 of 2012
Prakash Mandal
..........
Petitioner
Versus
State of Jharkhand and others
....... Respondents
----------
CORAM:
HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner
: Mr. Durga C. Mishra
For the Respondents : J.C. to G.P. II
I.A. No. 6112 of 2013
02/12.11.2013
By way of I.A. No. 6112 of 2013 petitioner seeks to incorporate additional prayer for quashing of order dated 6.9.2012 passed by the Deputy Commissioner, Jamtara whereby the claim of the petitioner for appointment as Para Teacher has been rejected. Petitioner has approached this Court for directing the respondents to issue appointment letter for the post of Para
Teacher in Upgraded Primary School, Benagoria, Jamtara on account of his claim that he has been selected by the Village Education Committee as well as Aam Sabha on 29.2.2012 itself. He has also prayed for direction upon the respondents to dispose of his representation pending before the Deputy Commissioner, Jamtara.
In such circumstances, the proposed amendment is permitted to be incorporated in the main writ petition as the order has been passed on the representation of the petitioner rejecting his claim.
I.A. No. 6112 of 2013 stands disposed of.
W.P.(S) No.7680 of 2012
Heard counsel for the parties.
The grievance of the petitioner as aforesaid in the main writ application was for issuance of appointment letter for the post of Para Teacher in the upgraded school Benagoria, Jamtara on the strength of his claim that he was selected by the Village Education Committee and Aam
Sabha on 29.2.2012. In view of the new amendment by way of instant order,
the order of rejection passed by the Deputy Commissioner, Jamtara dated 6.9.2012 has also been challenged by the petitoner. Learned counsel for the petitioner submits that petitioner possessed the qualification of M.A/B.Ed. and has the necessary residential as well as caste certificate for being considered for such -2-
appointment in the school in question as Para Teacher. It is submitted that the Village Education Committee considered the claim of several such candidates and one Kumari Mithurani Mandal was recommended. She however expressed her inability to join the said post and in her place the petitioner was selected for appointment as Para Teacher as is evident from
the proceedings of the Aam Sabha held on 29.2.2012 which is annexed as Annexure-4 to the writ petition. It is submitted that the respondents however have chosen to deny him such appointment, therefore, he had made representation before the Deputy Commissioner, Jamtara, which however has been arbitrarily rejected .
Learned counsel for the respondent- State submits that after coming into force of the Right of Children of Free and Compulsory Education(R.T.E.) Act, 2009 for appointment to the post of Para Teacher the requirement of Teachers Eligibility Test is mandatory which the petitioner has not obtained. It is further submitted that the Deputy Commissioner,
Jamtara after hearing the petitioner as well as other parties including the
Block Development Officer and Block Education Extention Officer and after going through the proceeding register found overwriting and tampering in the proceeding which led him to the conclusion that the whole exercise was dubious in nature in which petitioner was recommended by the Village Education Committee. In such circumstances, the Deputy Commissioner, Jamtara has directed to hold a fresh exercise in terms of the direction issued
by the Secretary, Human Resource Development Department, Government of Jharkhand, Ranchi as contained in letter no. 1234 dated 20.6.2012 for appointment of Para Teacher in the said school. No rejoinder to the said counter affidavit has been filed by the petitioner.
I have heard counsel for the parties and gone through the relevant materials on record including the impugned order. It is apparent from the averments made in the writ petition as also on perusal of the order passed by the Deputy Commissioner, Jamtara that the proceeding of the
Village Education Committee, which the petitioner claims to have
recommended his -3-
name for appointment as Para Teacher, has been found to be tampered and suffered from overwriting making dubious in nature by the Deputy Commissioner, Jamtara. It however also appears that for appointment as Para Teacher there is requirement of passing the Teachers Eligibility Test(TET) which obviously the petitioner has not passed at the time
selection was made. The documents which are relied upon by the petitioner i.e. the proceeding of the Village Education Committee is itself been doubted by the Deputy Commissioner after hearing the petitioner as well as Officials of the Block. That was also the reason that the Block Education Committee did not accord approval of the proceeding of recommendation of the
petitioner by the Village Education Committee.
In that view of the mater, this Court is not inclined to exercise its discretionary jurisdiction to direct the respondents to appoint the petitioner on the post of Para Teacher in the school in question and no interference is required in the impugned order. Accordingly, the writ petition is dismissed.
(Aparesh Kumar Singh, J.)
A. Mohanty
JTET / टीईटी / TET - Teacher EligibilityTest Updates / Jharkhand Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
Read more: http://naukri-recruitment-result.blogspot.com
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7680 of 2012
Prakash Mandal
..........
Petitioner
Versus
State of Jharkhand and others
....... Respondents
----------
CORAM:
HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner
: Mr. Durga C. Mishra
For the Respondents : J.C. to G.P. II
I.A. No. 6112 of 2013
02/12.11.2013
By way of I.A. No. 6112 of 2013 petitioner seeks to incorporate additional prayer for quashing of order dated 6.9.2012 passed by the Deputy Commissioner, Jamtara whereby the claim of the petitioner for appointment as Para Teacher has been rejected. Petitioner has approached this Court for directing the respondents to issue appointment letter for the post of Para
Teacher in Upgraded Primary School, Benagoria, Jamtara on account of his claim that he has been selected by the Village Education Committee as well as Aam Sabha on 29.2.2012 itself. He has also prayed for direction upon the respondents to dispose of his representation pending before the Deputy Commissioner, Jamtara.
In such circumstances, the proposed amendment is permitted to be incorporated in the main writ petition as the order has been passed on the representation of the petitioner rejecting his claim.
I.A. No. 6112 of 2013 stands disposed of.
W.P.(S) No.7680 of 2012
Heard counsel for the parties.
The grievance of the petitioner as aforesaid in the main writ application was for issuance of appointment letter for the post of Para Teacher in the upgraded school Benagoria, Jamtara on the strength of his claim that he was selected by the Village Education Committee and Aam
Sabha on 29.2.2012. In view of the new amendment by way of instant order,
the order of rejection passed by the Deputy Commissioner, Jamtara dated 6.9.2012 has also been challenged by the petitoner. Learned counsel for the petitioner submits that petitioner possessed the qualification of M.A/B.Ed. and has the necessary residential as well as caste certificate for being considered for such -2-
appointment in the school in question as Para Teacher. It is submitted that the Village Education Committee considered the claim of several such candidates and one Kumari Mithurani Mandal was recommended. She however expressed her inability to join the said post and in her place the petitioner was selected for appointment as Para Teacher as is evident from
the proceedings of the Aam Sabha held on 29.2.2012 which is annexed as Annexure-4 to the writ petition. It is submitted that the respondents however have chosen to deny him such appointment, therefore, he had made representation before the Deputy Commissioner, Jamtara, which however has been arbitrarily rejected .
Learned counsel for the respondent- State submits that after coming into force of the Right of Children of Free and Compulsory Education(R.T.E.) Act, 2009 for appointment to the post of Para Teacher the requirement of Teachers Eligibility Test is mandatory which the petitioner has not obtained. It is further submitted that the Deputy Commissioner,
Jamtara after hearing the petitioner as well as other parties including the
Block Development Officer and Block Education Extention Officer and after going through the proceeding register found overwriting and tampering in the proceeding which led him to the conclusion that the whole exercise was dubious in nature in which petitioner was recommended by the Village Education Committee. In such circumstances, the Deputy Commissioner, Jamtara has directed to hold a fresh exercise in terms of the direction issued
by the Secretary, Human Resource Development Department, Government of Jharkhand, Ranchi as contained in letter no. 1234 dated 20.6.2012 for appointment of Para Teacher in the said school. No rejoinder to the said counter affidavit has been filed by the petitioner.
I have heard counsel for the parties and gone through the relevant materials on record including the impugned order. It is apparent from the averments made in the writ petition as also on perusal of the order passed by the Deputy Commissioner, Jamtara that the proceeding of the
Village Education Committee, which the petitioner claims to have
recommended his -3-
name for appointment as Para Teacher, has been found to be tampered and suffered from overwriting making dubious in nature by the Deputy Commissioner, Jamtara. It however also appears that for appointment as Para Teacher there is requirement of passing the Teachers Eligibility Test(TET) which obviously the petitioner has not passed at the time
selection was made. The documents which are relied upon by the petitioner i.e. the proceeding of the Village Education Committee is itself been doubted by the Deputy Commissioner after hearing the petitioner as well as Officials of the Block. That was also the reason that the Block Education Committee did not accord approval of the proceeding of recommendation of the
petitioner by the Village Education Committee.
In that view of the mater, this Court is not inclined to exercise its discretionary jurisdiction to direct the respondents to appoint the petitioner on the post of Para Teacher in the school in question and no interference is required in the impugned order. Accordingly, the writ petition is dismissed.
(Aparesh Kumar Singh, J.)
A. Mohanty
JTET / JHARKHAND TEACHER ELIGIBILITY TEST / JHARKHAND ACADMIC COUNCIL JAC RECRUITMENT NEWS :
टीईटी / TET - Teacher Eligibility Test Updates /
Teacher Recruitment NewsJTET / टीईटी / TET - Teacher EligibilityTest Updates / Jharkhand Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
Read more: http://naukri-recruitment-result.blogspot.com
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
