REETA MUKTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case was taken up through Video Conferencing and heard at length on various dates. Concerned lawyers had no objection with regard to the proceeding which was held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter was reserved for Judgment and is being disposed of finally.

(2.) In the instant writ application prayer has been made for issuance of appropriate writ(s), order(s) or direction(s) or writ in the nature of Certiorari for quashing order as contained in Memo No. 3032, dated 05.10.2018, issued under the signature of District Superintendent of Education, Ranchi whereby and whereunder petitioner who was working as an Assistant Teacher in Government Middle School, Boreya, Kanke has been terminated as her service was found to be void-ab-initio. Petitioner has further prayed for a direction upon the respondents not to give effect to order dated 05.10.2018, passed by respondent no. 4 and further to direct the petitioner to continue in services as Assistant Teacher in Government Middle School, Boreya, Kanke.

(3.) Facts of the case lies in a narrow compass. Pursuant to the Notification No. 1632, dated 05.09.2012, issued by the then Human Resource Development Department (Primary Education Directorate), the Statutory Rule being Jharkhand Primary Teachers' Education Appointment Rules, 2012 for appointment of Teachers in Primary School was constituted under the Proviso to Article 309 of the Constitution of India. Rule 14 of the said Rule prescribes the eligibility criteria. The 50% posts were reserved for those Para Teachers who had completed two years' of continuous service for direct appointment as Trained Teacher or Graduate Trained Teacher in different Schools of the State Government. Based on the said appointment Rule, an Advertisement was published for appointment to the post of Assistant Teachers in Government Middle Schools for only those persons who had experience of working as Para Teacher.