SITA RAM MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner was appointed on the post of 'Para-Teacher' and admittedly, at that time, petitioner was not having the requisite educational qualification i.e. certificate of Intermediate. On 24.05.2008, an order was passed by the authorities that the persons who have been given appointment and who have no requisite educational qualification, their services may be terminated. In the said order, the names of 12 persons are given. On 01.11.2008, it was conveyed that the persons who have already been removed from service or whose honorarium has been stopped, if they enhance their educational qualification by 30.06.2008, then they may be retained and rest persons be removed. The petitioner, before the cut off date of 30.06.2008, in the month of May, 2007, obtained the certificate of Madhyma from Hindi Sahitya Sammelan, Allahabad and according to the petitioner, he should have been taken back in the service as he is falling in the category of persons who are covered by the order of the competent authority dated 01.11.2008.

(2.) This court, on 2nd April, 2012 directed the State to show whether any person has been retained in service who acquired requisite educational qualification by 30.06.2008. In response to this order, respondents have filed their reply admitting that the name of one person Sri Jai Prakash was in the list (annexure-3) dated 24.05.2008, who enhanced his educational qualification and he is in service.

(3.) Be that as it may, the petitioner's writ petition has been dismissed by the learned Single Judge on the ground that at the time of initial appointment, the petitioner had no requisite educational qualification and he obtained the requisite educational qualification only in the year 2007. The petitioner's service, since was terminated before 24.05.2008, therefore, the petitioner cannot get the benefits of the order dated 01.11.2008.