JEEVNA NAND PANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner has sought issuance of a writ of mandamus upon the Respondent No. 2 - The Principal Secretary Department of Human Resources Development, Government of Jharkhand and Respondent No. 3 - The Director (Secondary Education), Department of Human Resources, Government of Jharkhand to take a final decision with regard to the approval/regularization/recognition of the services of the petitioner as Assistant Teacher in Project Girls' High School, Kharsawan, in view of several orders passed by this Court, such as judgment dated 04th February 2013 passed in WPS No. 2048/10, judgment dated 22nd February 2012 passed in WPS No. 5161/09, judgment dated 15th September 2011 passed in WPS No. 5658/09, judgment dated 2nd July 2013 passed in WPS No. 2010/13 and judgment dated 3rd July 2013 in WPS No. 1249/13.

(2.) According to the petitioner, these judgments have been rendered on account of refusal of the respondents to consider the cases of persons like the petitioner for regularization on the ground that they were not having teachers training qualification at the time of their appointment in Project Girls' High School at the relevant period in 1984-85 based upon the report of the Screening Committee dated 30th September 2007 (Annexure-3) submitted in view of the judgment of the Full Bench of the Patna High Court and upheld by the Hon'ble Supreme Court.

(3.) Learned counsel for the petitioner submits that in all these cases referred to herein above, this Court had taken the view that the said teachers who had obtained teachers training qualification prior to the submission of the report by the Screening Committee, are entitled to be regularized in the said project Girls' High School. The case of the petitioner is that he was appointed on 6th January 1984 as an Assistant Teacher by the Managing Committee of the Project Girls' High School, Kharsawan. The petitioner obtained B.Ed degree from Sambalpur University in the year 1990 vide Annexure-2/B. It is further submitted that about 650 Project Schools were established pursuant to the decision taken in different financial years from time to time. Thereafter, 75 schools were selected and notified by the Government as Established Schools vide letter dated 27th February 1985. Thereafter, a three men committee was constituted to complete the process of selection of the remaining 225 schools. The matter went into litigation and was decided by the Full Bench of Patna High Court vide judgment dated 7th December 1999 in the case of Project Uchcha Vidyalaya Shikshak Sangh versus State & Ors., 2000 1 PLJR 287. Reference to Para-33 of the said judgment is being made by the learned counsel for the petitioner wherein according to her, the cut-off date for possessing the minimum qualification was prescribed as being the date on which the report was submitted by the Screening Committee. The matter went up to the Hon'ble Supreme Court where Full Bench Judgment was upheld vide judgment dated 03rd January 2006. Thereafter, the State of Jharkhand like its counterpart the State of Bihar, has constituted a Committee under the Chairmanship of Sayeed Mobin Alam to undertake the screening process of teaching and non-teaching staffs of Project Girls' High Schools for regularization and payment of salary to them. The said Committee vide its report dated 30th September 2007 (Annexure-3) rejected the petitioner's claim for approval of such services.