LAWS(JHAR)-2017-8-34

RAVI KUMAR Vs. THE STATE OF JHARKHAND

Decided On August 25, 2017
RAVI KUMAR Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with a prayer for quashing the order contained in letter dated 28.01.2013, issued by the Director, Secondary Education-cum-Joint Secretary, Jharkhand (Annexure-7) whereby the approval of services of the petitioner has been rejected. Further prayer has been made to direct the respondents particularly, respondent No. 3 to grant approval of the services of the petitioner and to release the arrears of salary w.e.f. 04.01.2012 till date and also to release current salary, forthwith and other consequential reliefs relating to service condition. FACTUAL MATRIX

(3.) The factual exposition as has been delineated in the writ petition is that the Sanskriti Vidya Mandir (High School) Digwadih, Dhanbad is a recognized Non-government Minority Aided High School within the meaning of Articles 29 and 30 of the Constitution of India. The aforesaid school published an advertisement and later on, re-advertisement inviting applications for appointment on Trained Post Graduate Headmaster and Trained Graduate/P.G. Economics Teacher, upon advice of the District Education Officer, Dhanbad. In response to the said advertisement, the petitioner submitted his application and after participating in interview, comparative statement of marks of all the candidates was prepared, which goes to show that the petitioner secured the highest marks i.e. 110+54=164. As there was some confusion over the subject of Economics & Commerce, guidelines was sought from the District Education Officer, Dhanbad, who vide his letter dated 20.12.2011 , directed the Managing Committee to take decision in view of the recommendation of the Selection Committee and to strictly follow the prescribed procedure.