Deepak Kumar Vs District Administration

The present writ petition has been filed for a direction upon the respondents to consider the case of petitioner for appointment on the post of Para-Teacher of New Primary School, Katat total, Ponchi under Satbarwa Block, District- Palamau and to quash and set aside the appointment of respondent no. 6 (Kanchan Kumari).

It is specific case of the petitioner, as argued by learned counsel for the petitioner that though he was fulfilling the requisite qualification for appointment on the post of Para Teacher, but he was debarred from appointment and the respondent no.6 being a lady has been appointed at the cost of the petitioner.

On the other hand, learned counsel appearing for the respondent-State submits that rightly respondent no. 6 has been appointed as she was having the minimum requisite qualification for appointment. The minimum qualification for appointment of Para-Teacher is Intermediate with Teachers Training, which the respondent no. 6 has duly fulfilled, rather, the petitioner is not Intermediate Trained. Moreover, the petitioner has knocked the door of this Court after lapse of four and half years that too after confirmation of appointment of respondent no.6. There is delay and laches on the part of the petitioner which cannot be condoned

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by this Court. Learned counsel further submits that respondent no. 6 is still continuing on the said post.

From the rival submissions of learned counsel for the parties, it transpires that the petitioner is a B.A. (Hons) and respondent no. 6 is only B.A. It is not a case that the appointment has been made dehors the Rules. The petitioner does not fulfil the minimum qualification of Intermediate Trained. However, the petitioner wants to take shelter of the proviso which states that any person having higher qualification shall be considered for appointment. The respondent no. 6 was considered as she was B.A. and a female candidate. The petitioner, if aggrieved by the appointment of respondent no.6, ought to have rushed to this Court immediately. He was sleeping over his rights for four and half years. If a person is not conscious of his rights for four and half years, the Court will not come to his rescue.

In view of the discussions, no interference is warranted in the writ petition and the same is hereby dismissed.

R.Kr.

Deepak Kumar v. District Administration