AKSHAY KUMAR BHADRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS in this writ application, have prayed for issuance of an appropriate writ, commanding upon the respondents to dissolve the village Education Committee (Gram Shiksha Samittee) of village Khajuri Middle School constituted by the respondents 5 to 7 and other villagers in pursuance of Government Circular dated 8.11.2003 and also to quash all subsequent selection of Para Teachers made by the said committee since the date of its constitution. A counter -affidavit has been filed on behalf of the respondent State as also by the private respondents.

(2.) LEARNED counsel for the petitioners would submit that the Gram Shiksha Samitee at its meeting held on 16.3.2004, had made selection of the private respondents 8 and 9 to the post of Para Teacher in the village school by violating the procedure of Rules and directives contained in the Circular of the State Government dated 8.11.2003. Learned counsel explains that the petitioners being the resident of the same village and belonging to the backward community, have been refused the benefits of their appointment as a Para Teacher and on the other hand, the private respondents 8 and 9 who are members of the general category, have been given the benefits illegally. Learned counsel explains further that since the Gram Shiksha Samitee had acted in the alleged illegal manner in the selection of Para Teachers at its meeting held on 16.3.2004, the said samitee should be dissolved.

(3.) CONSIDERING the facts and circumstances of the case, it appears that the grounds on which the petitioners have sought to challenge the constitution of the Gram Shiksha Samitee, are not clearly spelt out or made out. Furthermore, the grievance of the petitioners against the selection of the private respondents 8 and 9 by the Gram Shiksha Samitee will have no consequential effect, since such selection was made in the year 2004 and the same was valid only for one year and the next round of selection of Para Teacher is to be made at the subsequent meeting of the Gram Shiksha Samitee.