SABITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

(2.) Petitioner has approached this Court with a prayer for a direction upon the respondents to consider the case of the petitioner and to appoint her on the post of Graduate Trained Language Teacher (Class-VI to VIII) in the Govt. Middle School within Ranchi district as candidates having less marks than the petitioner have already been appointed.

(3.) The facts of the case in short is that the petitioner having the requisite qualifications, was selected as para-teacher by the Gram Siksha Samiti in its proceeding dated 26.02.2012 and consequently, she started working as para-teacher in Govt. Middle School, Rajendra Ashram, Bundu District, Ranchi w.e.f. 12.12.201 The certificate in this regard has also been issued by the joint signature of the Block Education Extension Officer, Ranchi and the President/ Secretary, School Managing Committee of the said School. Meanwhile, an advertisement being Advt. No. 4/2015 was issued from the office of the District Superintendent of Education, Ranchi for making appointment on the post of Graduate Trained Teacher. In the said advertisement, number of vacant posts for Graduate Trained Teacher (Language) was also given category-wise, wherein a total of 139 vacancies were advertised, out of which 70 vacancies have been shown for unreserved category. Among the said vacancies, 35 vacancies have been shown reserved for para-teachers and 18 vacancies were reserved for female candidates. The petitioner has qualified the Teachers' Eligibility Test, 2012 held in the month of April, 2013 and obtained 56.67% marks which is evident from the certificate dated 28th May, 2013 issued in her favour. The petitioner having the requisite qualification and having passed the TET examination had applied against the said advertisement. The respondents, after scrutinizing the documents submitted by the candidates, placed the petitioner's name at Sl. No. 134 in general provisional merit list after 1st counseling. The petitioner has obtained overall 55.316 merit point and it is relevant to mention that she belongs to category 'Para' under MBC category female but her selection has not been made arbitrarily by the respondents and she has not been given appointment to the post of Graduate Trained Teacher (Class-VI to VIII).