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
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