(1.) Heard counsel for the parties. The petitioner has approached this Court with a prayer that he should be treated as a Para Teacher, as he has been appointed in regular manner on the basis of resolution of the Gram Sabha of Village-Tilwaria, Chorkheda Panchayat, District-Dumka and whose appointment was also approved by the Block Education Committee on 28.12.2002 (Annexure-1). His grievance is that he has not been paid his salary/honorarium for the said post though he has performed his duties. The petitioner has also stated that he belongs to Village-Tilwaria of which he has been appointed as Para Teacher, in support of which he has annexed Annexure-3, a certificate of residence issued by the Circle Officer, Jarmundi for the purpose of dated 3.10.2002. He claims to be a Bachelor of Arts and more qualified than private respondent Nos. 7 and 8. He has alleged that the respondent Nos. 7 and 8 are being paid honorarium/salary for the post of Para Teacher by the Tilwaria Village Education Centre. He has also alleged that their names have not been approved by the Block Education Committee constituted under "Sarva Siksha Abhiyan" of Jarmundi Block of Dumka District. Petitioner has also relied upon the report contained at Annexure-2 dated 28.6.2007 prepared by the Sub-Divisional Education Officer, Dumka, accenting to which on an inquiry directed by the Regional Deputy Director of Education, Santhal Pargana Division it was found that petitioner has been duly selected in October 2002 and has also been paid honorarium for the period of 11 months. In the said report the qualification of Respondent Nos. 7 and 8 has been shown as Intermediate Arts and Intermediate Science respectively. In such background the petitioner has approached this Court as his representation has failed to elicit any response from the respondent-authorities.
(2.) Learned counsel for the respondent-State in their counter affidavit have stated that the inquiry was conducted by the Additional District Programme Officer, Jharkhand Education Project, Dumka and two others of the Jharkhand Education Project, Dumka vide Annexure-G dated 15.4.2010. The same was done in view of the letter of District Superintendent of Education, Dumka to find out the veracity of the claims of the petitioner vis-a-vis private respondents. Some of the villagers who appeared before the inquiry stated that the respondent No. 7 was continuously teaching since 7.11.2002 while the petitioner's village is at a distance of 1 km from the said Tilwaria Village. Some of the villagers have also stated that the private respondent No. 7 has taught for about 11 months. However, when the children in question were asked about the name of the petitioner they could not disclose the name of the petitioner. Learned counsel for the respondent-State submits that the respondent No. 8 was selected by the Village Education Committee, Tilwaria on 25.10.2004 while the respondent No. 7 was selected on 6.11.2002 and their appointment was approved by the Block Development Officer, Jarmundi after inquiry. However, approval of the Block Education Committee is not on record in the counter affidavit of the respondent-State.
(3.) Learned counsel for the respondent No. 7 claims to have been selected by Village Education Committee meeting dated 6.11.2002 in which petitioner had also participated. However, as per him he was recommended for the said post. On being asked, learned counsel for the respondent No. 7 has not been able to show any document by which his appointment has been approved by the Block Education Committee which is mandatory. Learned counsel for the respondent No. 7 has also contended that petitioner has not challenged his appointment as Para teacher.