GORA CHAND NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have challenged the order contained in letter No. 139 dated 8th October, 2005, issued by the District Superintendent of Education -cum -Jharkhand Education Programme Co -ordinator, East Singhbhum, whereby and whereunder, if has been directed not to take work from Para Teachers, such as petitioners.

(2.) IT appears that in pursuance of a scheme, 'Jharkhand Gram Shiksha Abhiyan', one school for each village was opened. It was stated in the said scheme to run such school through Gram Samiti of which the District Superintendent of Education of the concerned district was made District Gram Co -ordinator. As per such scheme, many persons were engaged as Para Teachers for which the agreements were reached between Para Teachers and the Village Education Committee. The petitioners were also engaged as Para Teachers by agreement dated 17th November, 2003 for a period of one year. Thereafter, a fresh agreement was issued on 25th October, 2004 for another one year.

(3.) IT is true that the Deputy Commissioner or the District Superintendent of Education has no power to amend the scheme. If one or other qualification has been laid down by the State Government under the scheme for appointment of Para Teachers, neither it can be enhanced, nor lowered down by any authority without obtaining any order of the State.