ASIMA BHATTACHARJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ petition, the petitioner has prayed for a direction upon the respondents to allow the petitioner to function as Siksha Dut of UpGraded Primary School, Damodarganj, Nala, Jamtara, considering the fact that the petitioner has been duly selected and engaged for working as Siksha Dut. During the pendency of the writ petition, in view of the amendment dated 04.01.2012, the petitioner has prayed for quashing the order of termination dated 22.12.2006 passed by Gram Siksha Samiti whereby a decision has been taken to terminate the Matriculate teacher from Up-graded Primary School, Damodarganj, as per departmental rule.

(2.) The facts as have been described are that the petitioner after passing Matriculation Examination in the year 1997 was selected by the Village Level Committee to teach the children of Damodarganj Primary School in the year 2003 as Siksha Dut. Thereafter the petitioner continued to discharge the duties as such to the utmost satisfaction of the respondent authorities. After coming to know from the newspaper item from Prabhat Khabar that the minimum qualification prescribed for continuation on the said post is Intermediate, the petitioner made an application before the District Education of Superintendent, Jamtara-cum-District Programme Officer to permit her to appear in the Intermediate Examination up to 2007 and the petitioner also passed the said examination on 31.05.2007. Thereafter the petitioner intimated the District Education Superintendent regarding completion of her Intermediate Examination. The Block Development Officer, Nala, issued a letter dated 011.2007 regarding Para Teachers of Up-graded Primary School, Damodarganj and the petitioner was asked to offer her explanation to the queries as has been pointed out in the said letter, vide Annexure-5 to the writ petition and vide Annexure-6 to the writ petition, the petitioner submitted her reply. Thereafter without any rhyme and reason, the account of the petitioner was withheld and the petitioner was subjected to harassment. Being aggrieved by the action of the respondents and the order respondents and the order of termination dated 212006 passed by the Gram Siksha Samittee, the petitioner approached this Court under Art. 226 of the Constitution of India.

(3.) Rejoinder to the counter-affidavit has been filed by the petitioner, wherein factum of selection of letter dated 11.08.2003 has been annexed as Annexure-R/1 and the name of the petitioner has been recommended to the District Level Committee as her name stood at serial no.68, as is evident from Annexure-R/2 to the rejoinder affidavit. R/3 to the rejoinder affidavit would go to show as to the complaint made by local persons/villagers against the selection of the petitioner by the New Committee. The petitioner was asked to show cause.