RANCHI, India, Sept. 12 -- Jharkhand High Court issued the following order on Aug. 12:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for quashing the order dated 14.06.2014 as contained in memo No. 1447 issued by the respondent No.6; whereby he has returned the proposed settlement of the 5 newly appointed teachers of the petitioner's school showing false and malicious allegations.

And

Further writ for quashing the order dated 03.06.2014 as contained in memo no. 1344 issued by the Respondent No.6 to give their reply on the enquiry report.

AND

Further for issuance of appropriate writ/order/direction directing the concerned respondents to immediately disburse the grant, by way of salary, to the newly five appointed teachers.

And

Further to take appropriate action against the respondents for playing fraud with the court.

AND

Further writ for quashing of part of order dated 20/1/2014 as contained in memo 184 whereby the petitioner has been directed to take appropriate action against the said appointment.

AND

Further writ directing the concerned respondents not to take coercive action against the teachers.

And/ Or

Any other appropriate writ(s) be issued, order(s) be passed and direction (s) be made as Your Lordships may deem fit and proper in the interest of justice.

3. It appears from the pleadings that the Petitioner is a Government Aided Minority School. Vide Memorandum No.77 dated 06.01.1981, the Petitioner-School was recognized as a Government Aided Minority School. The State Government sanctions posts of Teaching & NonTeaching Staffs in Government Aided Minority Institutions and it is the prerogative of the School Management to make appointments against the said sanctioned posts. However, such appointment is required to be approved by the State Government through the Director, Primary Education, Government of Jharkhand.

4. The State Government has been issuing guidelines from time to time and as per the Circular dated 03.02.1971, it was clarified that the State authorities would not interfere with in the process of appointment of teaching and nonteaching employees in a minority school; however, the State Government would be competent to prescribe the qualification of the teachers to be appointed in minority schools.

5. The fact further reveals that when 06 posts of teachers had fallen vacant in the Petitioner-School, an advertisement was issued by the school inviting applications from qualified candidates on 14.07.2007.

Subsequently, several applications were received and 44 eligible candidates were called for interview on 18.05.2012. After interview, the Selection Committee recommended for appointment of 05 teachers against the advertised vacancies, namely, (i) Jyoti Jha, having qualification of M.Sc. (B.Ed.) (ii) Akansha Dubey, having qualification of M.Sc. (B.Ed.) (iii) Rekha Mandal, having qualification of M.Sc. (B.Ed.) (iv) Ishita Paharia having qualification of M.Sc. (B.Ed.) and also (v) a candidate belonging to Scheduled Caste category.

6. On the basis of the said recommendation, appointment letters were also issued to all candidates on 22.03.2012. Subsequently, the entire records relating to the 05 appointments were sent to the Respondents-authorities through the District Superintendent of Education, Dhanbad for approval of their appointments. Admittedly, all the appointments were made against vacant sanctioned posts and all the appointees fulfilled the minimum prescribed criteria.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9ZAGw5j1YPzggvpmyhW76RcVi%2FJuFaS2GhOrRcs2zAK2&caseno=WPC/3241/2014&cCode=1&cino=JHHC010227412014&state_code=7&appFlag=)

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