VIBHA KUMARI Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner's case for recognition of her services in Project Girls High School, Lota, Khutpani, District - Singhbhum West, was rejected by Three Men Alam Committee constituted by Government of Jharkhand in terms of the judgment rendered by the Honourable Supreme Court dated 03.01.2006 passed in Civil Appeal Nos. 6626-6675/2001 in the case of Government of Bihar Vs. Project Uchcha Vidyalaya Shikshak Sangh) on two grounds, (i) that the petitioner was appointed as an Assistant Teacher on 28.12.1986 / 03.01.1987 in the subject Biology after selection of the school in 1984-85 phase. She was having qualification of Graduation at the relevant point of time, (ii) that the petitioner was untrained at the time of appointment and therefore, recognition of her services could not be granted. This report at Annexure-2, so far as it relates to the petitioner, is under challenge in the writ petition apart from seeking writ of mandamus for approval of her services. She claims to have been serving in the school without any break since her appointment.

(3.) Learned counsel for the petitioner has referred to two line of decision rendered by this Court earlier and orders passed consequent thereto by the respondent authorities granting recognition of services of such teachers whose cases were rejected by Three Men Alam Committee on the same grounds. So far as the first ground of rejection of the petitioner's claim is concerned, counsel for the petitioner has relied upon the case of Dinanath Ram & others Vs. State of Jharkhand & others in WPS No. 3450/2011 and that of Arun Kumar Sahu Vs. The State of Jharkhand & others in WPS No. 5717/2013 . Learned counsel has also referred to the case of Raghunath Sahu Vs. The State of Jharkhand & others in WPS No. 5876/2013 to support the submission that the services of these persons who were also appointed by the Managing Committee after selection of the Project School in question, have been approved by the State Government consequent to the orders passed by this Court in their cases. Order at Annexure-12/1 to the supplementary affidavit dated 07.01.2016 bearing Memo No. 3285 dated 04.12.2015 of Director, Secondary Education, Govt. of Jharkhand in the case of Arun Kumar Sahu Vs. State of Jharkhand & others and order dated 09.12.2015 bearing Memo No. 3302 passed by the same respondent in the case of Raghunath Sahu Vs. State of Jharkhand & others are evidenced in support of the submission and are enclosed to the same supplementary affidavit.