SUSHIL KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Writ petitioner was appointed on the post of Assistant Teacher in R.C. Boys Middle School, Mamrala (Basia), District Gumla, a Government aided minority school on 28th September 2010. Since the proposal for approval of proposition statement was pending before the Director, Primary Education and he was waiting for release of salary and other arrears, he approached this Court in W.P.(S) No.2435/2013. By order dated 21 st January 2014 the writ petition was disposed of without commenting upon the merits of the claim with a direction to the Director, Primary Education to take an informed decision on the question of proposition statement of the petitioner after verification of the relevant records of the petitioner's appointment within a period of 12 weeks and depending upon the decision it was observed that consequential benefits would flow in favour of the petitioner thereafter. The Director, Primary Education vide order dated 10 th April 2014 bearing memo no.207 (Annexure-5) rejected the claim on the ground that in terms of the guidelines issued by the NCTE dated 23rd August 2010 in the light of the Right to Free and Compulsory Education Act, 2009, petitioner had not qualified the Teachers Eligibility Test which is mandatory. Being aggrieved, he again approached this Court in W.P.(S) No.3857/2014. By then the decision of the Constitution Bench of the Hon'ble Supreme Court in the case of Pramati Educational and Cultural Trust Vs. Union of India reported in (2014) 8 SCC 1 had come wherein it was held that Right to Free and Compulsory Education Act, 2009 is not applicable to aided or unaided minority schools who are covered under the provisions of Article 30(1) of the Constitution of India.

(3.) Taking note of the law laid down by the Apex Court, the matter was remanded for reconsideration to the Director, Primary Education vide order dated 4th August 2014 (Annexure-8). This time the claim of the petitioner has been rejected by order dated 17th August 2016 bearing memo no.586 (Annexure-9) on the ground that the school did not follow the reservation policy of the State in the recruitment process. The order of rejection was challenged in W.P.(S) No.7291/2016 from which the present appeal arises. Learned Single Judge has dismissed the writ petition holding as under :-