JAGJIT KOUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE proposal for approval of appointment of the petitioner and fixation of her pay scale as an assistant teacher in Khalsa Middle School, Dhanbad, a Aided Minority School, has been rejected by the impugned order dated 2.1.2014 Annexure 13 issued by the Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi, respondent no. 2 on the ground that the provision of NCTE Notification dated 23.8.2010 has not been complied with. Learned counsel for the petitioner submitted that pursuant to the said direction the petitioner's services have been directed to be terminated through communication dated 13.1.2014 issued by the DSE, Dhanbad to the Secretary, Managing Committee of the School, Annexure 14. Counsel for the petitioner submits that she was appointed in the said aided minority school pursuant to an advertisement dated 25.11.2011 after interview. The petitioner was holding the qualification of BA Honours, MA and two years teachers' training course as well. She has been declared successful in the Central Teachers' Eligibility Test on 6.3.2012, Annexure 6. She has consequently been appointed on 3.4.2012 and submitted her joining on 16.4.2012. The relevant documents were forwarded to the DSE, Dhanbad for approval on 11.5.2012, Annexure 9 issued by the Managing Committee and the DSE also approved her appointment provisionally on 22.3.2013 by forwarding the same to the Director, Primary Education for fixation of her pay. However, the petitioner's recommendation for fixation of her pay and approval of her appointment has been rejected on the ground that she has not passed the TET test as required under NCTE Notification dated 23.8.2010. However, thereafter a constitution Bench of the Hon'ble Supreme Court has rendered judgment on 6.5.2014 in the case of Pramati Educational and Cultural Trust & ors. Vs. Union of India & ors., reported in : 2014 (2) JLJR (SC) 505, holding therein that the Right to Free and Compulsory Education Act, 2009 is not applicable to aided or unaided minority schools, who are covered under the provisions of Article 30(1) of the Constitution of India. Counsel for the petitioner, therefore, submits that the matter requires reconsideration in view of the Constitution Bench judgment rendered by the Hon'ble Apex Court.

(3.) IN the wake of the aforesaid legal position and in view of the judgment rendered by the Constitution Bench of the Hon'ble Apex Court in the case of Pramati Educational and Cultural Trust (supra), the matter requires reconsideration by the respondent no. 2, Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi.