SHAHBAZ AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Petitioner, in this writ petition, has challenged the memo No. 1437 dtd. 19/8/2017, whereby he was terminated from the post of Teacher (Language) without conducting a detailed departmental inquiry, intimating therein that the petitioner had applied for post under the wrong category and has been appointed without the requisite qualification for the post of Assistant Teacher (Language). Aforesaid is the sole reason for termination of the petitioner, whereas, as per the petitioner, he fulfills all the terms of the advertisement and rules and complies with the eligibility criteria. Petitioner has further prayed to reinstate him with back wages in his designated post of Assistant Teacher.

(3.) The case of the petitioner lies in a narrow compass. An advertisement was floated by the respondents for appointment to the post of Trained Graduate Teachers in Government Middle Schools in the entire State of Jharkhand against 3972 number of vacancies in different subjects, wherein it was clearly mentioned that those candidates who have been declared successful in Teachers Eligibility Test for Class 6-8 shall be appointed in Urdu Middle School as trained Graduate Teacher (Language), who have opted for Urdu and English as Language 1. Pursuant thereto, the petitioner being eligible, applied for the post of Trained Graduate Teacher (Urdu) under the language Sec. as the petitioner has also qualified the TET (Teachers Eligibility Test) of Urdu Assistant Teacher, conducted by the Jharkhand Academic Council. Thereafter, the petitioner was called for counselling on 10/12/2015 for further scrutiny of his application, wherein he submitted all the requisite documents which was duly received. Accordingly, the petitioner was declared successful on the basis of his qualification and vide order as contained in Memo No.127 dtd. 11/1/2016, he was issued the appointment letter as a Teacher (language). The petitioner was allotted Middle School, Jasidih, Subdivision Jasidih, Deoghar as language Teacher vide memo No. 1870 dtd. 9/3/2016. Pursuant thereto, the petitioner joined on 13/1/2016 and submitted his joining in the office of District Superintendent of Education, Deoghar. It is specific case of the petitioner that though he was appointed as Teacher in the subject of language, but was posted as Urdu Teacher as the petitioner was holding the eligibility of Urdu Teacher as provided under the Rules and the Advertisement. A show cause notice was issued to the petitioner vide letter No.840 dtd. 19/5/2017, asking an explanation as to why petitioner should not be terminated as petitioner was appointed for the post of Trained Graduate Teacher for General Language Teacher whereas he holds eligibility for appointment to the post of Assistant Urdu Teacher only . The petitioner replied to the said show cause vide letter dtd. 8/6/2017 by which he clearly stated that he was appointed as Trained Graduate Teacher for Language pursuant to the advertisement No.02/2015, after strict scrutiny by the officials during the first counseling on 20/9/2015 and has been working on the post since his date of joining i.e. 13/1/2016. However, a second show cause was issued to the petitioner vide Letter No. 1268 dtd. 24/7/2017, asking him to show cause as to how he has mentioned Advertisement No.02/2015 in the explanation whereas appointment was made pursuant to Advertisement No.03/2015. Accordingly, the petitioner replied to the second show cause vide his letter dtd. 28/7/2017 in which he stated that advertisement No.02/15 instead of Advertisement No.03/15 was inadvertently typed. He was actually appointed against the Advertisement No.03,/15, which also find strength from appointment letter issued to him. Surprisingly, the petitioner was terminated from services vide Memo No. 1437 dtd. 19/8/2017 from the post of teacher on the ground that he does not possess the required qualification for the post of Assistant Teacher Language and as because he had given false information while applying for the post, therefore, his appointment has been declared illegal, which is under challenge.