PURNIMA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 28.10.2004 and the consequent order dated 19.02.2005 issued by the respondent No. 6 whereby the salary of the petitioner has been stopped and for a further prayer for releasing the salary of the petitioner. Subsequently, I.A. No. 1836 of 2009 was filed for bringing on record the order of termination of the petitioner from service and by order dated 5.1.2010, the said application has been allowed by this Court, and thus the order of termination dated 20.10.2005 is also under challenge in this writ petition. The brief facts of the case are that, the petitioner completed her B.A. (Hons.) course in the year 1989 from the Ranchi University and thereafter, she completed her Siksha Visharad (Teachers Training) course from Hindi Sahitya Sammelan, Allahabad. The mark-sheet for the said degree was issued on 13.5.1995 and the certificate for the same was issued on 12.08.1996. Pursuant to an advertisement published on 21.7.1998 for appointment on the post of English Teacher (lady), the petitioner applied on 25.7.1998 and she was appointed by communication dated 15.09.1998. Further, by letter dated 22.9.1998, the petitioner was communicated that her appointment on the post of English Teacher would be w.e.f. 06.10.1998. The managing committee of D.B.M.S. Girls High School, Jamshedpur by resolution dated 28.08.1998 approved the appointment of the petitioner on the post of English Teacher w.e.f. 06.10.1998 and District Education Officer by letter dated 3.12.1998 forwarded the order of appointment of the petitioner on the post of English Teacher with all necessary documents to the Secretary, Vidyalaya Seva Board, Patna, for approval. Subsequently, the Vidyalaya Seva Board, Patna required some more documents before according approval to the appointment of the petitioner on the post of English Teacher. The Secretary, Vidyalaya Seva Board issued a direction to the respondent No. 6 by letter dated 22.2.2000 directing him to submit the documents relating to recognition of the degree/course of Siksha Visharad. Annexing the letter dated 07.05.2000 of Respondent No. 7, the Respondent No. 6 informed that the degree of Siksha Visharad granted to the petitioner has already been recognised by the C.B.S.E., New Delhi and he forwarded all the necessary documents to the Vidyalaya Seva Board, Patna. The Respondent No. 2 - Commissioner-cum-Secretary, Department of Human Resources Development, Jharkhand, Ranchi issued Resolution dated 12.06.2002 whereby the appointment of the petitioner on the post of English Teacher in D.B.M.S. Girls High School, Kadama, Jamshedpur was approved with effect from 06.10.1998. Thereafter, the pay-scale of the petitioner was approved by the Deputy Director, Secondary Education by letter dated 30.12.2002. It appears that thereafter, by communication dated 27.03.2004, the then Commissioner-cum-Secretary, Department of H.R.D., Jharkhand, Ranchi communicated the Deputy Commissioner, District Superintendent of Education and Regional Deputy Director Education that the Teachers Training certificate obtained from certain institutes including Hindi Sahitya Sammelan, Allahabad are not recognised, and therefore, no appointment should be made on the post of the Primary Teacher on the basis of those certificates. In pursuance of the said communication by letter dated 28.10.2004, the Respondent No. 3 directed the District Education Officer to stop payment of salary to all those teachers who had obtained a degree from one of those institutes. Consequently, without giving any notice to the petitioner, her salary was stopped. In these facts, the petitioner approached this Court by filing the present writ petition and as noticed above, the service of the petitioner was terminated on 20.10.2005, and therefore, an interlocutory application was filed by the petitioner seeking amendment in the writ petition which was allowed by order dated 05.01.2010.

(2.) A counter-affidavit has been filed on behalf of Respondent Nos. 3 and 6 in which a stand has been taken that the school in which the petitioner has been appointed is a minority school. The petitioner was appointed as an Assistant Teacher on the basis of Siksha Visharad degree awarded by the Hindi Sahitya Sammelan, Allahabad; a degree which is not recognised for the purpose of appointment on the post of Assistant Teacher. It has also been stated that the managing committee of the school has illegally appointed the petitioner and inadvertently the concurrence of the appointment of the petitioner was given by the Education Department. On these grounds, the claim of the petitioner is sought to be denied by respondents.

(3.) Heard learned counsel appearing for the parties and perused the documents on record.