ANIRUDHA MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has preferred this Letters Patent Appeal, challenging the order dated 10.7.2012 passed in W.P.(S) No. 2808 of 2006, in and by which the learned Single Judge dismissed the writ petition holding that the initial appointment of the appellant has already been cancelled by the competent authority (vide order dated 3.9.2004) and therefore, no direction could be issued to the respondents to accord approval on the appointment of the appellant as Matric Trained Teacher. The appellant had applied for the post of Matric Trained Teacher, pursuant to the advertisement dated 6.1.1997 in St. Teressa Valika Madhya Vidhayalaya, Dudhani, Dumka and the requisite qualification for the post of Matric Trained Teacher was graduate with B.Ed. degree. The appellant was appointed as a Matric Trained Teacher vide order dated 25.4.1997. The approval was sought from the District Superintendent of Education, Dumka, who had granted conditional/temporary approval, vide order dated 31.7.1997.

(2.) Bill of salary of the appellant was sent to the District Superintendent of Education but the District Superintendent of Education had not granted approval of the appellant's appointment and salary was not paid to the appellant. Since no permanent approval was being granted on the appointment of the appellant and the salary of the appellant was not being paid to him, earlier the appellant had filed writ being C.W.J.C. No. 9748 of 2000 and the said writ petition was disposed of, vide order dated 19.12.2003, with a direction to the appellant to file a fresh representation before the Director, Primary Education, Jharkhand and further with a direction to the Director to pass a speaking order thereon. In pursuance of the order passed, the Director, Primary Education had passed the order dated 11.8.2004 rejecting the representation of the appellant stating that the appellant had obtained B.Ed. degree from Rashtriya Patrachar Sansthan, Kanpur, which is a fictitious institution and the degree so obtained by the appellant cannot be verified and the same has not been recognized and therefore, the appellant has no requisite qualification for being appointed to the post of Matric Trained Teacher and hence, he should not have been appointed. The appointment of the appellant has been cancelled by the District Superintendent of Education, Dumka, vide order dated 3.9.2004. Challenging the order dated 11.8.2004, the appellant filed W.P.(S) No. 2808/2006. Learned Single Judge dismissed the writ petition holding that the initial appointment of the appellant has already been cancelled by the order dated 3.9.2004 and that has not been challenged by the appellant and while so, no direction could be issued to the respondent to grant approval on the appointment of the appellant and to pay him salary.

(3.) Learned counsel for the appellant submitted that N.C.T.E. came into existence on 1.7.1995 whereas the appellant has obtained the B.Ed. degree from Rashtriya Patrachar Sansthan, Kanpur even in the year 1991 and, therefore, non-obtaining of approval from N.C.T.E. (which came into existence on 1.7.1995) by the said Rashtriya Patrachar Sansthan, Kanpur cannot be a ground for holding the degree obtained by the appellant as not valid. Learned counsel for the appellant further submitted that order dated 3.9.2004 cancelling the appointment of the appellant by the District Superintendent of Education, Dumka was communicated to the School Management and the copy of the same was not communicated to the appellant and while so, the learned Single Judge was not right in observing that the order dated 3.9.2004 has not been challenged by the appellant. Learned counsel for the appellant further submitted that in respect of a similarly situated person, who also obtained B.Ed. degree from Rashtriya Patrachar Sansthan, Kanpur, in W.P.(S) No. 5959 of 2005 the Hon'ble Single Judge vide order dated 18.11.2009 has directed the authorities to grant approval for the appointment of the petitioner and, therefore, the appellant prays for allowing of the Letters Patent Appeal.