MD. ALLAUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has sought for quashing the appointment of Respondent No. 7 on the post of Para Teacher in New Govt. Upgraded Middle School, Mahadevpur, Pokhartola, Sahebganj. The petitioner has further prayed for direction upon the respondents to consider the case of the petitioner for appointment on the post in question in the aforesaid School in the light of the proceeding of the Gram Shiksha Samittee, dated 10.08.2009. Further prayer has been made by the petitioner to declare that the degree granted by the 'Madarsa' has to be accepted for selection of para teachers under the Serva Siksha Abhiyan as the same has been recognized vide office Order dated 11.03.1977, issued by the erstwhile State of Bihar.

(2.) The brief facts, as has been disclosed in the writ application, are that in pursuance to the Advertisement published in daily News Paper for selection of Para-Teacher including teacher of New Government Upgraded Middle School, Mahadevpur, Pokhartola in the district of Sahibganj, the petitioner having the requisite qualification, applied for the said post. It has been stated in the writ application that the petitioner having obtained the Master degree in Urdu, which has been recognized by the erstwhile State of Bihar for the post of Government job. In pursuance to the aforesaid advertisement, the petitioner participated in the process of selection before the Gram Siksha Samittee. Although, the petitioner has qualified in all respects, his case was not considered. Being dissatisfied with the decision of the Selection Committee, the petitioner submitted representation vide Annexure-7 to the writ application. Being aggrieved by the nonselection on the post in question, the petitioner has been constrained to challenge before this Court under Article 226 of the Constitution of India.

(3.) Learned counsel for the petitioner has submitted with vehemence that the petitioner having the higher education compared to the respondent No. 7, has been ignored by the Selection committee, which is in violation of the guidelines issued by the State Government for the selection on the post in question. Learned counsel further submits that the denial of selection of the petitioner by the Selection Committee, is in violation of Articles 14 and 16 of the Constitution of India. Learned counsel further submits that the petitioner stakes his claim for appointment on the second post since respondent No. 7 having B.A. has been preferred even though the petitioner has got Post-Graduate degree in the Urdu (Fazil).