RANCHI, India, Oct. 7 -- Jharkhand High Court issued the following order on Sept. 8:
This Intra Court Appeal has been preferred by the writ petitionerappellant against the order dated 18.10.2013 passed by the learned Single Judge in W.P.(S) No. 3274 of 2006; whereby the claim of the writ petitioner-appellant has been dismissed by holding as under:
"10. I find that though the petitioner has claimed that he was appointed on 10.01.1996, the writ petition was filed only on 21.06.2006 and thus, the petitioner allegedly continued in service for more than 10 years without salary. I am of the considered view that the alleged appointment of the petitioner was illegal. The conduct of the petitioner in approaching the court after a period of one decade, gives a clear indication that he was not legally appointed on the post as he has claimed in the present writ petition.
Moreover, in view of the specific stand taken by the State of Jharkhand in the counter-affidavit that, the petitioner does not possess the minimum educational qualification and since the school in question was given minority status on 28.09.2007, I am of the considered view that the prayer of the petitioner cannot be granted.
11. Learned counsel for the petitioner has relied on the case of "All Bihar Christian Schools Association v. State of Bihar" (supra) and an order passed by this court in W.P.(S) No. 5639 of 2004 dated 28.03.2007. I am of the view that the decisions relied on by the counsel for the petitioner are not at all related to the issue in the present case more particularly the effect of Recruitment Rules operating at the time when the appointment was sought to be approved. In "All Bihar Christian Schools Association v State of Bihar" (supra), the issue before the Hon'ble Supreme Court was the power of the managing committee of a school run by the minorities. In the present case such an issue is not involved. The matter regarding the approval of the appointment of the petitioner agitated by him in the present writ petition, was not an issue before the Hon'ble Supreme Court in the said decision. In W.P. (S) No. 5639 of 2004, the facts pleaded are entirely different and therefore, it does not lend any help to the case of the petitioner."
2. The petitioner in the writ application has prayed for the following reliefs:
"(i) For commanding upon the respondents concern especially respondent no. 4 for the payment of arrear of salary due since January, 1996 immediately and forthwith and
(ii) For further direction to the respondents to approve the appointment of the petitioner who has been appointed by the Managing Committee of G.E.L. High School, Kochedega against sanctioned post on 06.01.1996.
(iii) To quash the letter no. 2610 dated 10.05.2010 issued under the signature of the Director (Secondary Education) Jharkhand, Ranchi as well as letter no. 370 dated 02.02.2011, issued under the signature of the Director, Secondary Education, Jharkhand and to grant approval of his appointment from the date of passing of his teachers training from recognised university and date of his appointment."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9blV2izordg9Wh1BZu9eyrkTLmGLTxD%2F42KruevsPu7Y&caseno=LPA/1/2014&cCode=1&cino=JHHC010158332014&state_code=7&appFlag=)
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