NOOR ISLAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has approached this Court with a prayer for quashing of the order dated 09.04.2011 passed by the Deputy Commissioner, Pakur, whereby and whereunder, the candidature of the petitioner for appointment to the post of para-teacher has been rejected. Further prayer has been made for grant of similar relief as the other similarly situated persons are getting in the other districts of State of Jharkhand.

(3.) The short facts lying in narrow compass is that in view of notification dated 29.01.2010, the petitioner and other candidates submitted their application before the Aam Sabha for the appointment to the post of Para Teacher (Science) and said Aam Sabha has duly recommended the name of the petitioner for the appointment to the post of para-teacher (Science). Thereafter, in spite of the essential selection and recommendation in favour of the petitioner, his candidature was not considered by the respondents. Aggrieved thereby, the petitioner preferred writ application before this Hon'ble High Court bearing W.P.(S) No. 5409 of 2010 and the same was disposed of vide order dated 04.01.2011 with a direction upon the respondents to consider the claim of the petitioner for his appointment to the post of para-teacher. In compliance thereof, the respondent No. 2 has rejected the claim of the petitioner by giving of reference letter No. 1749 dated 30.02010 issued by the Secretary, Human Resources Department -cum-Director State Project, Jharkhand Education Project, Ranchi that the selection procedure for the post of para-teacher had been cancelled. It is further stated that the Deputy Commissioner, Pakur has further made reference of order passed by the same authority dated 01.07.2010 wherein, it has been ordered that the person, who are not trained, are not entitled to be appointed for the post of para-teacher. It is further the case of the petitioner that the respondent No. 2 has not considered the essential facts that similarly situated candidates have been appointed in various blocks after being recommended by the Aam Sabha and after getting an opportunity by the respondents to undergo essential training.