SEROPHINA BESRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for issuance of appropriate writ for quashing the termination order dated 18.8.2005 issued by District Superintendent of Education, Godda whereby the services of the petitioner have been terminated and she was directed to deposit the payments received by her.

(2.) PETITIONER 's case is that pursuant to the advertisement issued by the respondents for appointment on the post of Teacher in the Primary School, she submitted her application in the Office of Jharkhand Public Service Commission (in short JPSC) alongwith all the testimonials. The said testimonials also included the Provisional Certificate issued by Ursuline Primary Teachers' Training College, Lohardaga showing that she has passed teachers' training examination. Petitioner's case is that she was declared successful in the competitive examination held by the Jharkhand Public Service Commission and after due verification of all the original certificates including the certificate of training, appointment letter was issued to her. Petitioner submitted her joining and she was allowed to work with effect from 16.2.2004. It is stated that meanwhile petitioner passed Primary Teachers' Training Examination held by Jharkhand Academic Council, Ranchi in the year 2004 and she has been performing her duties. However, all of a sudden, services of the petitioner were terminated by the District Education Superintendent of Education vide impugned order dated 18.8.2005 on the ground that during verification of the certificates it was found that petitioner had not passed Teachers' Training Examination. Petitioner, therefore, contended that order of termination was illegal and totally unjustified.

(3.) ON 28.2.2006, the matter was heard and it was brought to the notice of this Court that several irregular and illegal appointments were made by the concerned authorities of the respondents. It was further brought to the notice of the Court that many candidates who were not possessing Teachers' Training Certificate on the date of submission of application have been given appointment without verification of the record. This Court, therefore, on 28.2.2006 passed the following order: Before going into the main question raised by the petitioner, I direct the respondents, namely, the State Government, to disclose the name of the Officers who were the members of the committee and on whose decision the appointment letters have been issued. In my view, why not they should be first departmentally proceeded and criminally prosecuted for doing such illegal acts. Let the Director, Primary Education, Govt. of Jharkhand swear affidavit on behalf of the respondents by 9th March, 2006. Put up this case on 10th May, 2006 Let a copy of this order be given to the State Counsel.