POONAM RAI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing the letter dated 30.07.2012 (Annexure-3), whereby and where under, the District Superintendent of Education, Dhanbad had cancelled the appointment of the petitioner to the post of Assistant Teacher for Sanskrit at +2 High School, Baliyapur, Dhanbad on the ground that B.Ed. degree of Sessions 1997-98 was not recognized by N.C.T.E, which was obtained from Sampurna Nand Sanskrit University, Varanasi. Factual Matrix:-

(2.) The petitioner was selected to the post of Assistant Teacher for Sanskrit in +2 High School Baliapur, Dhanbad vide Memo No. 1975 dated 20.07.2012, the name of the petitioner appeared at Sl. No. 111 in the selection list but the joining of the petitioner was not accepted by the respondents. It is further stated that vide Memo No. 368 dated 30.07.2012, the District Superintendent of Education, Dhanbad intimated to the Director Secondary Education-cum-Joint Secretary that the sessions of 1997-1998 in which the petitioner had obtained the B.Ed. degree was not approved by the NCTE and the B.Ed. sessions were approved from 31.07.2000 onwards by the NCTE, whereas the petitioner has obtained the B.Ed. degree in session 1996-97 and passed in B.Ed. in the year 1998 from Sumpurna Nand Sanskrit University, Varanasi. The issue regarding approval by the NCTE fell for consideration before the Hon'ble Allahabad High Court in Special Appeal No. 630 of 2005 in Ekta Shukla and Ors. v. State of U.P. and Ors. and vide order dated 09.12.2015 , the Hon'ble Allahabad High Court declared that the degrees for the academic years 1996-97, 1997-98 and 1998-99 and indeed for all academic year either in the faculty of education of the University or in any of the affiliated colleges in question is valid and the qualification granted by these bodies shall be treated to be valid. The said order was challenged before the Hon'ble Apex Court in S.L.P. No. 4163 of 2006, which was dismissed on 03.07.2006 and other of Hon'ble Allahabad High Court was affirmed by the Hon'ble Apex Court. Thereafter, the petitioner made an application before the Director, Secondary Education, Jharkhand, Ranchi on 08.10.2012 for considering her case as the B.Ed. Degree of the petitioner has been declared as valid by the judgment of the Hon'ble Allahabad High Court, which was duly affirmed by the Hon'ble Supreme Court.

(3.) It is the specific case of the petitioner that though the order of Hon'ble Allahabad High Court was in her favour, which was affirmed by the Hon'ble Supreme Court and issue has already been decided, the respondents-authorities without paying any heed to the said order, rejected the claim of the petitioner for appointment as Assistant Teacher for Sanskrit and hence, this writ petition has been preferred, challenging the order of rejection.