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Judgment
Heard learned counsel for the parties through V.C.
The instant writ application has been preferred by the petitioner praying therein for a direction upon the respondent no.3 to take a final decision for
approval of the selection of the petitioner on the vacant post of Para Teacher in Upgraded Primary School, Jatratola, Suggaphari, Dumka on which the
petitioner has been duly selected by the Village Education Committee in its meeting dated 21.09.2011, but in the meeting of Block Level Education
Committee held on 24.09.2011, it was decided that the approval for appointment of Para Teacher shall be taken after verification of residential
certificates etc. but till date the matter for approval of selection of this petitioner as Para Teacher is pending.
Learned counsel for the petitioner refers to the order dated 13.02.2017 whereby this Court directed the respondent authorities to seek instruction as
to whether the said post of Para Teacher is still vacant or not. Thereafter, a counter affidavit has been filed in this case wherein a new ground has
been taken that to become a Para Teacher, the minimum qualification should be that the person has to pass the Teachers Eligibility Test. Since the
petitioner has not passed the said test; as such he does not qualify for appointment. He further submits that since the petitioner was selected prior to
the notification dated 07.05.2012, as such the same is not applicable in the case of this petitioner.
Learned counsel further submits that he may be allowed to work and prefer a fresh representation and the respondent may be directed to take a final
decision in accordance with law since the post of Para Teacher is still vacant.
Learned counsel for the respondent-State reiterated its stands as made in the counter affidavit.
However, she fairly submits that if the petitioner prefers a fresh representation; the same shall be considered.
Having heard learned counsel for the parties and after going through the limited submission of learned counsel for the petitioner; the instant writ
application, is hereby, disposed of by giving liberty to the petitioner to file a fresh representation before the respondent no.3 raising his claim for his
selection as Para Teacher in Upgraded Primary School, Jatratola, Suggapahari, Dumka. If any such representation is preferred before the respondent
no.3; same shall be disposed of in accordance with law, rules, regulations and policy decision of the government within a period of four months from
the date of receipt of such representation.
With the aforesaid observation and direction, the instant writ application stands disposed of.