NAVEEN PRAVEEN KINDO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioners have approached this Court with a prayer for quashing the order dated 22.08.2016 as contained in Memo No. 1471 issued by the Director, Primary Education, Govt. of Jharkhand, whereby and whereunder the proposal for fixation of pay scale of the petitioners were rejected on the ground that the appointments of the petitioners have been made without following the reservation policy of the State. Further prayer has been made to direct the respondents for approval of fixation of pay scale of the petitioners and to pay the salary from their initial date of joining. Factual Matrix

(3.) Sans details, the facts as averred in the writ petition, in a nutshell is that these two petitioners are said to have been appointed by the Managing Committee of St. Aloysius Middle School, Ranchi, a Govt. Aided Minority School, on the sanctioned post of teacher pursuant to Advertisement dated 11.09.2011, (Annexure -2) vide appointment letters dated 27.09.2011, Annexure-3 and 3/1 respectively. After joining of the petitioners, the records relating to appointment of the petitioners were sent to the District Superintendent of Education vide letter No. 22/11 dated 16.10.2011 for grant of approval of the services. It is stated that the said appointment have been made upon the vacancies created upon retirement of two existing teachers namely, Victor Soreng and Sister Merry Kujur. When respondents were not giving heed to the representation and sitting tight over the matter, the petitioners have moved before this Hon'ble Court in W.P. (S) No. 4995 of 2013 for granting approval to the appointment of the petitioners and payment of salary after fixation of pay scale of the petitioners and the same was disposed of on 21.07.2014 after observing that it has been held by the Hon'ble Apex Court in case of Pramati Educational & Cultural Trust & Ors. Vs. the Union of India & Ors., 2014 2 JLJR 505 SC that the provisions of 2009 Act are in-applicable to the aided and unaided minority schools, which are covered under Article 30 (1) of the Constitution and directed the petitioners to make representation through proper channel i.e. through the District Superintendent of Education, Ranchi to the Director Primary Education, Human Resources Development Department, Government of Jharkhand for approval of their appointments annexing their propositional statements along with relevant documents and on receipt of the representations, the respondents was also directed to consider the same in accordance with law. Pursuant thereto, the petitioners filed representations before the respondent No. 3 but no action was taken by the respondents. The petitioners again moved before this Court in Cont. (Civil) Case No. 891 of 2014. Meanwhile the claim of the petitioners were rejected vide reasoned order dated 22.08.2016 passed by the respondents wherein it was stated that ' reservation policy was not followed in the recruitment process'.