AVISHEK KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, who was appointed as Intermediate Trained Teacher, is aggrieved of order dtd. 4/10/2016 by which his appointment has been terminated.

(2.) Briefly stated, pursuant to an advertisement dtd. 8/7/2015 published in the newspaper inviting applications for appointment as Intermediate Trained Teacher, the petitioner who was working as para-teacher submitted his application. Having met the requisite qualifications he made it to the merit list and he was called for counselling on 14/12/2015. Appointment letter was issued to him on 21/12/2015 and his joining was accepted on 8/1/2016. During course of scrutiny of the educational qualifications of the candidates, when it was found that the petitioner was appointed as para-teacher on 10/11/2003, that is, five months before completion of the academic session 2001-04 in which he was admitted as a student of Bachelor of Science, a show-cause was issued to him on 8/8/2016. Responding to the aforesaid show-cause notice, the petitioner asserted that he had appeared in the final examination for Bachelor of Science with permission of the Village Education Committee, however, the District Education Establishment Committee, Simdega observing that the petitioner was not granted permission for enhancing his educational qualification took a decision to terminate his services. Pursuant to the aforesaid decision of the Committee the impugned order dtd. 4/10/2016 has been issued by the respondent-District Superintendent of Education, Simdega. Aggrieved, the petitioner has approached this Court.

(3.) Contending that the petitioner who has been appointed through a merit-selection process even during the period of probation cannot be terminated from service by merely issuing a show-cause notice in which the allegation does not pertain to breach of any of the conditions provided under appointment letter dtd. 21/12/2015, Mr. Prabhat Singh, the learned counsel for the petitioner submits that even otherwise also once qualification of the petitioner as on the date of his appointment as para-teacher or an Intermediate Trained Teacher is not challenged, the impugned order dtd. 4/10/2016 is rendered illegal.