USHA MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) LEARNED counsel appearing for the petitioners submits that it is the case of the petitioners that pursuant to Advertisement No. 02/2002, dated 24.4.2002, issued by the District Administration, Hazaribagh, the petitioners submitted their applications for appointment on Class -IV post and after taking written examination and also other tests, the petitioners came out successful and hence, their names were empanelled in the panel, prepared by the Selection Committee. Thereafter, respondent No.3 -the Principal, Indira Gandhi Residential Girls School, Hazaribagh vide her Letter No. 579 dated 10.9.2005 made a request before the respondent No.2 -the Deputy Commissioner, Hazaribagh, for sending the names of the eligible candidates for their appointments on Class -IV post, pursuant to that respondent No.2 vide his Letter No. 540 dated 31.10.2005, sent a list of twenty eight candidates,. making recommendation for their appointments on Class -IV post in the said school, but only six candidates were found to be eligible to be appointed in the Establishment of the School and, hence, list of twenty two candidates, who were not found technically qualified, were returned. Thereafter as per the statement made in counter affidavit filed on behalf of the respondent NO.2, further exercise was undertaken to select the candidates technically suited for the different jobs at the School and in that pursuit, the candidates were asked to furnish certificate, regarding extra qualification such as technical skill/experience of Cooking /Plumber, Treasury Sarkar etc. On scrutiny, only nine candidates were found to be suitable and hence, their names were recommended for the appointment on the said post vide Letter No. 340/Naz. dated 18.4.2006. Subsequently, taking into consideration that thirteen posts are still existing in the said school, similar procedure was followed and on scrutiny, six candidates including these four petitioners were found to be suitable as per the requirement of the said School and hence, their names were recommended vide Letter No. 478/Naz. dated 9.6.2006 Annexure -3.

(3.) CASE of the respondent No.3, as has been given in the counter affidavit is that the said School was established in the year 1984 and the Government had constituted a Committee known as Governing Body to whom the Government has delegated its .power and function for running the school smoothly. Further as per relevant rule, a Selection Committee has been formed for selection of the candidate for appointment under the Chairmanship of the Principal of the School and hence, if any, recommendation is made for appointment on Class -IV post in the School, that needs to be placed before the Selection Committee for its scrutiny and approval as nature of the work of the employees of the said School is quite different from the other general. Government Office/School. For example, the school does have Class -IV posts of Plumber, Electrician, Cook, Library Assistant, Gardener, Sweeper, Ashram Sevika etc and for these posts, some specialization and experience is required. Under this situation, when list of twenty eight candidates were forwarded for their appointments on Class -IV posts, the Selection Committee of the School on scrutiny found only six candidates to be eligible and hence, the Selection Committee recommended the names of six candidates for their appointment on Class -IV post before Governing Body of this School, which matter would be placed before the Governing Body in its next meeting. In the meantime, respondent no. 2 again forwarded the names of six candidates including these petitioners for their appointment on different Class -IV posts and the list contained the name of Smt. Usha Mishra -petitioner No.1 also, who had earlier been recommended for her appointment, but the Selection Committee of the said School had rejected her claim. However, it has been stated that these petitioners can be appointed against the recommended posts only, if they are found suitable by the Selection Committee of the School for their appointments and the recommendation made by the Selection Committee gets approved by the Governing Body. But presently, matter relating to the appointment of six candidates, whose recommendation has been earlier to these petitioners, is still to be placed before the Governing Body, as per the direction given by the Regional Development Officer, South Chotanagpur Division, Hazaribagh and under this situation, the names of these petitioners would be considered only after the decision, regarding appointment of other six candidates is taken.