MD MOJAMMEL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has inter alia prayed for quashing the selection of respondent no. 7 against the post of Para Teacher made by Gram Shiksha Samiti on 24.11.2007 and for direction upon the respondents to issue appointment letter to the petitioner on the said post.

(2.) Heard Mr. Uday Choudhary, learned counsel for the petitioner, Mr. Amit Kumar, Associate Counsel to learned G.P. II for the respondents-State and Mr. Rajeeva Sharma, learned senior counsel being assisted by Ms. Raj Lakshmi Mishra, learned counsel for the respondent no. 7.

(3.) Learned counsel for the petitioner submitted that on 02.07.2007, the selection of the petitioner was made by Gram Siksha Samiti after following due procedure of law, but due to some objection raised by Block Co-ordination Officer, again with the consent of Gram Siksha Samiti and Aam Sabha, the petitioner was selected on the post of Para Teacher on 209.2007. But, to the utter surprise to the petitioner, ignoring the fact that the petitioner was selected by duly authorized body and petitioner having the higher qualification and resident of the locality, Village Education Committee (Gram Siksha Samiti) again held its meeting on 24.11.2007 and selected respondent no. 7 despite having lower qualification and resident of adjacent village. So far contention made in the counter affidavit that the petitioner was selected as Urdu Teacher is concerned, it has been submitted by the learned counsel for the petitioner that as a matter of fact the petitioner was not appointed as Urdu Teacher rather he has got Alim Degree after being passed in other subjects e.g Hindi, Economics, English including Urdu and respondents-authorities misinterpreted his qualification only to accommodate respondent no. 7. Raising the ground of parity, learned counsel for the petitioner submitted that some other teachers of the said school, namely Shish Mohammad has also been appointed having degree of Maulvi from Madarsa Board but the petitioner has been subjected to discrimination. Furthermore, it is established fact that Alim Degree is equivalent to graduate, as affirmed by Jharkhand Academic Council.