STATE OF JHARKHAND Vs. SOBHA VERMA

JUDGEMENT

(1.) The State of Jharkhand is in appeal against the order dated 21 st May 2015 by which the order of termination of service of the writ petitioner (hereinafter referred to as "respondent") has been set aside by the writ Court.

(2.) W.P(S) No. 4124 of 2008 was filed by the respondent challenging the order contained in the letter dtd. 24/5/2008 by which the Regional Deputy Director, Santhal Pargana Circle, Dumka refused to grant approval to her appointment as Matric Trained Assistant Teacher. The consequential order dtd. 10/6/2008 by which appointment of the respondent was cancelled by the Managing Committee of Marwari Girls Middle School, Dumka was also challenged before the writ Court.

(3.) Briefly stated, appointment of the respondent as Matric Trained Assistant Teacher was made on 22/1/2000 by the Managing Committee of Marwari Girls Middle School, Dumka on a vacant sanctioned post. The respondent produced certificate of 'Shikshalankar' from Rastriya Patrachar Sansthan, Kanpur which was a degree recognized by the erstwhile State of Bihar equivalent to B.Ed. degree. It is not in dispute that the respondent joined the post of Assistant Teacher on 28 th January 2000, however, the requisite approval for her appointment was not granted rather there were correspondences between different authorities. It appears that by letter dtd. 16/1/2003 the Director, Rastriya Patrachar Sansthan, Kanpur affirmed genuineness of the certificate produced by the respondent and it was further indicated that the degree of 'Shikshalankar' is equivalent to B.Ed. degree. Later on, the respondent took permission of the competent authority for pursuing B.Ed. course which she successfully completed from Sido Kanhu Murmu University in 2007. However, on the basis of the departmental order contained in letter dtd. 27/3/2004 which was to the effect that Rastriya Patrachar Sansthan, Kanpur was a fake institution, as noticed above, appointment of the respondent was cancelled.