OMKAR RAM Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 3340/2014:

(2.) HEARD counsel for the petitioners and the State as well as respondent No. 4. In the present writ application, petitioners were seeking direction upon the respondents specially District Superintendent of Education, Ranchi (Respondent No. 3) to make payment of their salary with effect from 1st April, 2011 on their claim that their appointment have already been approved by order dated 9th May, 2012 issued by the respondent No. 3 himself. However, during the pendency of the writ petition, the respondent No. 3 chose to revoke the order of approval of the petitioner's appointment vide letter No. 1905 dated 31st May, 2013, on the ground that the petitioners have not passed the TET exam, which is the mandatory requirement under the Right of Children to Free and Compulsory Education Act, 2009 and the regulation framed by the N.C.T.E. through notification dated 23rd August, 2010. The said order was challenged by way of interlocutory application which was allowed and has been incorporated in the amended writ petition. These petitioners are said to have been appointed on 1st April, 2011 by the Managing Committee of the School, which is an aided minority school, upon compliance of the procedure prescribed.

(3.) RESPONDENT State was earlier granted time to file counter affidavit, but even after nine months of the said order, no counter affidavit has been filed till date. On the other hand, the Managing Committee of the School has appeared on notice and filed their counter affidavit also taking a stand that since the appointment of the petitioners was made on 1st April, 2011 prior to the notification dated 5th September 2012 issued by the Human Resources Development Department, Government of Jharkhand, cancellation of approval of their appointment is not sustainable.