Dismissed

Jharkhand Non Gazetted Elementary Teacher Sangh Through Its Joint Secretary Kumud Kumar Jha v. Education

Jharkhand HC13 Jan 2023WPC/634/2016

Case brief

AI extract

What is this about?

In a PIL concerning illegal teacher appointments in Deoghar, the High Court noted that the State had taken punitive action against erring officials and lodged FIRs. Finding that the petition had served its purpose, the court disposed of the writ petition and closed pending interlocutory applications.

What did the court decide?

The writ petition was disposed of; pending interlocutory applications (I.A. Nos. 5050/2016, 5644/2017, 7293/2017) were closed.

Jharkhand Non Gazetted Elementary Teacher Sangh… — Service and Employment | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (PIL) No. 634 of 2016

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Jharkhand Non Gazetted Elementary Teacher Sangh through its Joint Secretary Kumud Kumar Jha, Deoghar ----Petitioner

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Versus

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The State of Jharkhand

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Chief Secretary, Government of Jharkhand, Ranchi

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Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi

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Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi’

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Regional Deputy Director of Education, Santhal Paragana Division, Dumka

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Deputy Commissioner, Deoghar

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District Superintendent of Education, Deoghar

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Superintendent of Police, Deoghar ----Respondent

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CORAM: Hon’ble The Acting Chief Justice Hon’ble Mr. Justice Deepak Roshan

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For the Petitioner: For the Respondent: Mr. Suresh Kumar, S.C L&C)-II Mr. Rajesh Kr. Singh, A.C to S.C (L&C)-II

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25 / 13.01.2023 Matter has been adjourned twice in the last three weeks on account of

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non-representation of petitioner. Writ petition was preferred with the following

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prayer:

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That in the instant writ petition by way of Public Interest Litigation the petitioner prays for issuance of appropriate Writ or Writs, direction or directions, order or orders commanding the concern Respondents particularly the Respondent No. 1 to 5 to do proper enquiry in respect to illegal appointments made by the Appointing Authorities in the post of Teachers in respect of Advertisement No. 03/2015 and Advertisement No. 04/2015

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AND

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Petitioner further prays for issuance of appropriate writ/writs, direction/directions, order/orders commanding the concern Respondents to lodge appropriate F.I.R against the illegally appointed persons and also against the concern Appointment Authority who in connivance with them have issued appointment letters to them;

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AND

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Petitioner further prays for issuance of appropriate writ/writs, direction/directions, order/orders commanding Respondent Nos. 1 to 5 to take legal / Departmental Action against the concern Authorities of Deoghar District for doing action against the Provision of Article 14, 15, 16 of the Constitution of India because they have committed gross misconduct by doing illegal appointment in the post of teachers.

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The instant matter relates to issuance of advertisement for appointment of teachers for Class 1 to 5 under Inter-trained category with qualification marks being 50% in Intermediate with teachers training certificate and TET certificate. Another Advertisement was also issued for appointment of Graduate Trained Teachers for Class 6 to 8 with qualification of 50% marks in Graduation with B. Ed and TET passed. The petitioner alleges that appointment of several persons who did not fulfil the minimum qualification and other criteria, were made.

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Several orders have been passed earlier and pursuant thereto, affidavits have been filed from time to time by the Respondent State in the matter of taking appropriate steps as regards the allegation of illegal recruitment of teachers in the district of Deoghar and prosecution against the erring officials and others. In the counter affidavit filed on 12.08.2016, it was stated by the Respondent No. 7-District Superintendent of Education, Deoghar that FIR being Deoghar Town P.S. Case No. 226 dated 04.05.2016 was lodged under various provisions of Indian Penal Code and the matter was under investigation. Statements were also made that the instant PIL has been filed by an aggrieved teacher who was dismissed, to stall the investigation in the matter. Reply thereto was also filed by the petitioner claiming that he is the Joint Secretary of the Institution. Thereafter, further affidavits were filed by the Respondent No. 7 on 11.01.2017 and 16.03.2017 indicating the steps taken in the investigation against the accused persons.

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Petitioner also filed a supplementary affidavit giving details of teachers who were appointed on false residential certificate and educational certificate, etc. Interlocutory applications were also filed midway to stop payment of salary of illegally appointed teachers. 5. In the counter affidavit filed on 25.08.2017, it was stated that statement of the Informant has been recorded and 20 such people have been traced. Action has been taken against the absconding accused under section 82 and 83 of the Cr. P.C. Later, reply affidavit was filed by the petitioner stating that 57 illegally appointed teachers have been dismissed in four phases, but FIR was lodged only against 17 teachers and 03 persons of Education Department.

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A counter affidavit was filed by the Deputy Superintendent of Police (Headquarter), Deoghar on 07.11.2017 stating that police has investigated against 17 candidates alleged to have committed offences and steps are being

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taken for their arrest, for which warrant of arrest has also been issued. Further affidavits were also filed by the petitioner. Supplementary counter affidavit were also filed by the Deputy Commissioner, Deoghar stating that based on the inquiry report submitted by the Executive Magistrate, Deoghar, 31 illegal appointees were identified and Committee have been constituted to take suitable action against them.

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In the sequence and chronology of facts, as noted above, last affidavit of the State dated 17.10.2020, sworn by the Deputy Commissioner, Deoghar, inter-alia states that Five Member Committee headed by the Regional Deputy Director, Santhal Pargana Division, Dumka constituted by the School Education and Literacy Department, Government of Jharkhand vide Memo No. 3089 dated 01.10.2019 inquired into the matter and submitted its report vide Letter No. 140 dated 05.09.2020 to the Deputy Commissioner, Deoghar for the needful action. Committee arrived at final conclusion against the then District Superintendent of Education, Deoghar Sudhanshu Shekhar Mehta, Appointment In-charge Sadanand Thakur, Clerk and other Computer Operators engaged in the appointment process and recommended punitive action against them. Affidavit also indicates that action has been taken against the Divisional Clerk Sadanand Thakur under Jharkhand Pension Rules, whereas the District Superintendent of Education, Deoghar Sudhanshu Shekhar Mehta was removed from service vide Memo No. 3951 dated 31.12.2019. Action has also been taken against the erring Computer Operators involved in the appointment procedure during the tenure of Sudhanshu Shekhar Mehta.

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Learned counsel for the State submits that the Respondent State has taken action against the erring officials and FIR was also lodged against the officials as well as the beneficiaries of illegal appointment. As such, grievance of the petitioner has been addressed. As regards the criminal prosecution, law shall take its own course. Therefore, the instant Public Interest Litigation has served its purpose and may be disposed of.

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We have taken note of the chronology of events and affidavits filed by the respective parties in the context of the allegation made by the petitioner in respect of illegal recruitment of teachers in the district of Deoghar. From the chronology of events and facts narrated hereinabove, it is apparent that punitive action has been taken against the erring officials leading to removal of the then District Superintendent of Education from service. Action has also been taken

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against the retired Divisional Clerk under the Jharkhand Pension Rules apart from legal action taken against the Computer Operators engaged on contractual basis. FIR was lodged and investigation has resulted in filing of charge sheet against 14 persons. The criminal trial shall take its own course.

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Having regard to the steps taken by the State in this regard, we are of the view that the instant writ petition has served its purpose. Accordingly, it is disposed of. Pending I.As. (I.A. Nos. 5050/2016, 5644/2017, 7293/2017) are closed.

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(Aparesh Kumar Singh, A.C.J)

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(Deepak Roshan, J)

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Ranjeet/

Jharkhand Non Gazetted Elementary Teacher Sangh Through Its Joint Secretary Kumud Kumar Jha v. Education

Case brief

What is this about?

What did the court decide?

Jharkhand Non Gazetted Elementary Teacher Sangh Through Its Joint Secretary Kumud Kumar Jha v. Education

Case brief

What is this about?

What did the court decide?

What the court decided

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