Jharkhand High CourtMd. Daud Ansari vs The State Of Jharkhand on 24 August, 2022Author:Anubha Rawat ChoudharyBench:Anubha Rawat ChoudharyIN THE HIGH COURT OF JHARKHAND AT RANCHI\n\n                                 W.P.(S) No. 988 of 2020\n\n                1. Md. Daud Ansari, aged about 43 years, son of late Md. Gulshan\n                   Ansari, Resident of Village - Bhojudih, P.S. - Maharaj Ganj, P.S.\n                   - Tundi, District - Dhanbad\n                2. Sirajuddin Ansari, Aged about 51 years, Son of Late Md. Usman\n                   Ansari, Resident of Village & P.O. - Benagoria, P.S. Nirsha,\n                   District - Dhanbad\n                3. Ushan Kumari, Aged about 35 years, Wife of Suman Kumar\n                   Nayak, Resident of Village - NayaTand, P.O. - GosiaBaliya, P.S.\n                   - Barkgaon, District - Hazaribagh\n                4. Md. Lokman Sheikh, Aged about 32 years, son of Late Md. Iliyas\n                   Sheikh, Resident of Village - Ahitikar (Arhai Tikar), P.O. - Bara\n                   Dighi, P.S. - Barharwa, District - Sahibganj\n                5. Roshan Bhuiya, Aged about 40 years, son of Karoo Bhuiya,\n                   Resident of Village - Bhurkunda, P.O. - Pitiz, P.S. - Itkhori,\n                   District- Chatra                         ...     ...     Petitioners\n                                          Versus\n                1. The State of Jharkhand\n                2. The Secretary, School Education and Literacy Department, Govt.\n                   of Jharkhand, Project Building, Dhurwa, P.S. - Dhurwa, P.S. -\n                   Jagannathpur, District - Ranchi\n                3. Director, School Education and Literacy Department, Govt. of\n                   Jharkhand, Project Building, Dhurwa, P.O. - Dhurwa, P.S. -\n                   Jagannathpur, District - Ranchi\n                4. Deputy Commissioner, Jamtara, P.O., P.S. and District Jmatara\n                5. District Superintendent of Education, Jamtra, P.O., P.S. and\n                   District - Jamtara                 ...       ...      Respondents\n                                          ---CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY---For the Petitioners   : Mr. Piyush Chitresh, Advocate\n                For the Respondents   : Mr. Devesh Krishna, S.C. Mines III---06/24.08.2022         Heard Mr. Piyush Chitresh, learned counsel appearing on\n                behalf of the petitioners.2.     Heard Mr. Devesh Krishna, learned counsel appearing on\n                behalf of the respondents.3.     This writ petition has been filed for the following relief:"For quashing (Annexure - 4) the order no.1082, 1084, 1080,\n                1081 and 1083 all dated 16.11.2019 in terms of which the petitioners\n                have been terminated from their service as Inter Trained Teachers, on\n                the ground that the petitioners have enhanced their education\n                qualification as a regular students while petitioners were working as\n                para teachers in their earlier appointments."4.     Learned counsel for the petitioners submits that the impugned\n                orders have been passed solely on the ground that the petitioners had\n                not taken due permission for enhancement of their educational\n                qualification while working as para teacher. Learned counsel submits2that a show cause was issued to all the petitioners vide Letter No.668\ndated 16.07.2019 which was a common show cause addressed to six\npersons and out of them five are the petitioners before this Court. He\nsubmits that pursuant to the show cause issued, all the petitioners had\nfiled their show cause reply. However, from perusal of the writ\npetition, the show cause reply of only petitioner no.1 has been\nannexed. Learned counsel submits that a specific statement has been\nmade in the writ petition stating that all the petitioners had filed their\nrespective show cause reply. He submits that from perusal of the show\ncause reply filed by the petitioner no.1 annexed along with the writ\npetition as Annexure - 3, it was clearly brought to the notice of the\nauthority that due permission was granted by Gram Shiksha Samiti.\nHe further submits that due permission for enhancing educational\nqualification granted by Gram Shiksha Samiti with regard to each of\nthe petitioners is in the record of this case.5.     Learned counsel further submits that pursuant to the order\npassed by this Court on 26.07.2022 wherein, the respondents were\ndirected to file a supplementary counter-affidavit with particular\nreference to the stand taken by the petitioners that even the Village\nEducation Committee (Gram Shiksha Samiti) is competent authority\nfor granting due permission for undertaking higher education, an\naffidavit dated 08.08.2022 has been filed and specific averment has\nbeen made in para 6 that the Village Education Committee is\ncompetent authority for engaging / appointing para teacher and hence\nthe appointing authority itself i.e., the Village Education Committee is\ncompetent authority for granting permission for undertaking higher\neducation / enhancement of qualification of           the para teachers\nappointed by it. Learned counsel submits that the entire basis of\npassing the impugned orders is that due permission was not taken and\nas the petitioners were duly permitted by Village Education\nCommittee, the case of the petitioners is squarely covered by the\njudgments passed by this Court in L.P.A No.385 of 2019 and W.P.(S)\nNo.2642 of 2018 and W.P.(S). No.275 of 2017. A copy of the\njudgment passed in W.P.(S). No.275 of 2017 has been annexed as\nAnnexure - 10 to the present writ petition. Learned counsel submits\nthat in the said judgments, specific plea was taken with regard to the3power of Block Education Extension Officer to grant permission for\nadditional qualification.6.     Learned counsel for the respondents, on the other hand, submits\nthat in view of the affidavit dated 08.08.2022, it is not in dispute that\nVillage Education Committee is competent authority to grant the\nnecessary permission for undertaking higher education / enhancement\nof qualification of the para teachers appointed by it. He further\nsubmits that the matter may be remitted to respondent no.5, who may\nlook into the records and pass appropriate order in accordance with\nlaw. He also submits that an opportunity of hearing to the petitioners\ncan also be granted.7.     After hearing the learned counsel for the parties and\nconsidering the facts and circumstances of this case, it is the specific\ncase of the petitioners that they were granted due permission by\nVillage Education Committee for continuing their further education /\nundertaking higher education / enhancement of qualification and as\nper the affidavit dated 08.08.2022, the Village Education Committee\nwas the competent authority to grant such permission. It has been\nspecifically stated by the petitioners in their writ petition that pursuant\nto the show cause dated 16.07.2019 (Annexure - 2), they had filed\ntheir reply before the authority bringing to the notice of the said\nauthority that they were duly granted permission from Village\nEducation Committee. However, only one such show cause reply has\nbeen annexed along with the writ petition and averment has been\nmade that all the petitioners filed similar replies. From perusal of the\nimpugned orders all dated 16.11.2019 (Annexure - 4 series ) nothing\nhas been mentioned about the show cause replies filed by the\npetitioners and accordingly their show cause replies have not been\nconsidered.8.     Considering the materials which have been filed along with the\nwrit petition and the specific averment of the petitioners that they were\ngranted permission by Village Education Committee to pursue their\nhigher education, the impugned orders which do not reflect\nconsideration of the show cause reply by the petitioners, cannot be\nsustained in the eyes of law.49.    Accordingly, the impugned order being letter nos.1082, 1084,\n         1080 1081 and 1083 all dated 16.11.2019 are set aside and the matter\n         is remitted back to the respondent no.5 to pass fresh order in\n         accordance with law taking into consideration the show cause reply\n         already filed by the petitioners and also after verifying the records of\n         the Village Education Committee with regard to the grant of\n         permission to the petitioners for pursuing their higher education. The\n         petitioners are directed to appear before the respondent no.5 on\n         26.09.2022 along with the writ records, a copy of this order and the\n         aforesaid judgements relied upon by the petitioners. Upon their\n         appearance, the respondent no.5 is directed to grant an opportunity of\n         hearing to the petitioners or their authorized representative and pass\n         appropriate reasoned order after verifying the records within a period\n         of one month from 26.09.2022. The reasoned order should be\n         communicated to each of the petitioners through speed post at the\n         address which may be provided by them in their respective\n         representations.10.   This writ petition is accordingly disposed of.(Anubha Rawat Choudhary, J.)\nSaurav