In the High Court of Jharkhand at Ranchi
W.P.(S) No.628 of 2007
Shobha Kumari and others.....................................Petitioners
VERSUS
State of Jharkhand through the Secretary
Department of Human Resources and others......Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioners : Mr. Rajiv Ranjan
For the State : J.C to G.P.IV
5. 12.1.09
Heard learned counsel appearing for the petitioners and
learned counsel appearing for the State.
Having heard both of them and taking into consideration the
case of the parties as has been put forth in the writ application as
also in the counter affidavit filed on behalf of respondents no. 4
and 5, it does appear that pursuant to advertisement no.02/2002
dated 24.4.2002 issued by the District Administration, Hazaribagh,
several candidates including the five petitioners after submitting
their applications underwent process of selection and came out
successful. Accordingly, names of the petitioners were empanelled
in the panel prepared by the Selection Committee. Thereupon
names of 28 persons, as per request made by respondent no.5 for
filling up the vacant posts, were sent for their appointment on class
IV post in the said school but the selection committee of the school
found only six candidates including these five petitioners to be
eligible for the appointments on class IV posts in the said school,
namely, Indira Gandhi Residential Girls School, Hazaribagh but still
they have not been appointed for the reason, as has been
disclosed in the counter affidavit, that names of six persons
including the petitioners, who were found suitable were forwarded
to the Director, Secondary Education, Department of Human
Resources, Government of Jharkhand, Ranchi for according
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approval but when no response was received, the matter was
referred to the Secretary, Department of Human Resources,
Jharkhand for according approval but from there also they have not
received any response. However, from the statement made in the
counter affidavit filed on behalf of respondent no.4, the Director,
Secondary Education, H.R.D, Jharkhand, Ranchi it does appear that
when the Principal made request for according approval in the
matter of appointment of these petitioners in the school, it was
communicated to the Principal that it is the Governing Body of the
school, who is competent to take decision in the matter of
appointment on the non-gazetted posts and thereupon, Director,
Secondary Education, Government of Jharkhand made request
from Deputy Commissioner, Hazaribagh to do needful in the matter
of appointment of those six persons including the petitioners.
Thus, it is quite evident from the circumstances the case, as stated
above, that for no valid reason petitioners are being not appointed
in the school, though the matter is pending since 2005.
Accordingly, respondent no.5, the Principal, Indira Gandhi
Girls School, Hazaribagh is hereby directed to appoint these
petitioners after getting all the formalities completed within a
period of two months from the date of receipt/production of a copy
of this order.
With the aforesaid direction, this writ application is disposed
of.
( R.R. Prasad, J. )
ND/