ANJUM FIRDAISI Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the instant writ application, petitioner has prayed for quashing of the Order dated 31.08.2016, passed by respondent no. 2 and further not to give effect to the said order and further to approve proposition statement in respect of payment of salary to the petitioner and to pay salary including the arrears. Petitioner has further prayed for a direction not to discriminate the petitioner and to pay him salary at par with the similarly situated teachers working in the Minority School.

(3.) The facts in short is that petitioner was initially appointed to the post of Assistant Teacher on 19.06.2011 by the Managing Committee of Urdu Town Middle School, Main Road, Chakradharpur which is a Non-Government Aided Minority School against the Advertisement dated 02.05.2011 and since then he is holding the post without any interruption. The background of the case is that vide letter dated 29.07.2010, a request was made by the Managing Committee before the District Superintendent of Education wherein it was informed that four sanctioned posts for Matric Trained Teachers are vacant and, therefore, the permission may be accorded to fill up the same. District Superintendent of Education accorded the permission vide its letter dated 08.04.2011 and directed the Managing Committee to take appropriate steps to fill up the posts after following the conditions mentioned in letter no. 709, dated 04.03.1993. After obtaining permission of District Superintendent of Education, the Managing Committee of the School published an advertisement dated 02.05.2011 for appointment of four Assistant Teachers for the School in question. Petitioner being eligible in all aspects and qualified being M.Sc., B.Ed., applied and appeared in selection process and was duly appointed along with others and accordingly joined the post on 22.06.2011 and the said appointment was duly approved by the District Superintendent of Education, Singhbhum (West), Chaibasa. Pursuant to the queries raised by the Director, Primary Education, Human Resources Development Department, the Secretary of the Managing Committee sent a letter dated 03.12.2012 clarifying that the Teachers Appointment Rules contained in Notification No. 1632, has been issued only on 05.02.2012 and the said Rule is applicable prospectively and since petitioner has been appointed on 19.06.2011, i.e. prior to the Rule being into force, the requirements with regard to passing of TET in light of Notification dated 05.09.2012, can only be made effective on and from 05.09.2012 and it has no retrospective effect. It is further averred that for the first time requisite qualification of passing TET has been prescribed by the National Council of Teachers' Education vide Notification dated 23.08.2010 and the method and guidelines for conducting the TET Examination was duly prescribed vide letter dated 11.02.2011 and prior to that, there was no requirement of passing TET Examination. The minimum qualification of passing TET has been implemented by the State of Jharkhand by formulating Rules notified vide Notification No. 1632, Dated 05.09.2012 wherein for the first time guidelines have been issued for holding examination of Teachers' Eligibility Test and further required conditions have been incorporated.