RANCHI, India, June 16 -- Jharkhand High Court issued the following order on May 15:
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
(a) For quashing of the Order dated 25th July 2025 vide Memo No. 10/M-16-10/2025 A/4394 i.e. Annexure-10 passed by Ld. Praveen Kumar Toppo, Secretary Department of Personal, Training, Reforms and Official Language (Respondent No.2) wherein representation for reinstatement made in compliance of the order dated 24.04.2025 passed in L.P.A. No. 720 of 2023 to the post of Assistant Teacher in Music has been rejected.
(b) For quashing of the order in Memo No. 1674/Giridih dated 31.07.2020 i.e. Annexure-7 wherein the petitioner has been terminated/relieved issued under the Signature of District Education Officer, Giridih during pendency of the earlier Writ Petition being W.P.(S) No. 1796 of 2020 which was challenged through I.A. No.4315 of 2020 and was allowed vide order dated 27.08.2020;
(c) For quashing of Resolution No. 2436 dated 14.09.2022 i.e. Annexure-8 taken by the Department of School Education and Literacy (Directorate of Secondary Education) wherein Sangeet Prabhakar (Sixth Year) Degree issued by Prayag Sangeet Samiti, Allahabad bearing 500 marks and Sangeet Bisharad (Complete 5th Year) Degree from Pracheen Kala Kendra, Chandigarh, bearing 300 marks as equivalent to graduation. Without considering the fact that the petitioner had been awarded Sangeet Prabhakar (Sixth Year) Degree issued by Prayag Sangeet Samiti, Allahabad when the full marks of the course had been 300 and not 500 as the petitioner had been awarded the degree way back in the year 1985 [Sangeet Prabhakar (Vocal)] and in 1989 [Sangeet Prabhakar (Najrul Geet)] certificate awarded in 1991, when the curriculum of the course had a full marks of 300. Thus, discriminating against the petitioner and in violation of her Rights Under Article 14, 16, 19 and 21 of the Constitution of India; d) For direction commanding upon the respondent authority to reinstate the petitioner in her post with all consequential benefits.
3. The brief facts of the case are that the Jharkhand Academic Council published Advertisement No. 93 of 2011 for appointment to the post of Assistant Teacher in High Schools, including Music Teacher. The petitioner, possessing the qualification of Sangeet Prabhakar from Prayag Sangeet Samiti, Allahabad, applied for the post of Music Teacher and was declared successful, and was issued provisional appointment letter vide Memo No. 2475 dated 29.07.2015. Thereafter, upon submission of her qualification documents, her service was confirmed vide Memo No. 3346 dated 18.09.2019 with effect from 03.08.2017.
4. Subsequently, vide Memo No. 842 dated 28.05.2020, it was communicated that certificates issued by Prayag Sangeet Samiti, Allahabad and Pracheen Kala Kendra, Chandigarh were not recognized by the Central/State Government/UGC, pursuant to which show-cause notice was issued to the petitioner and thereafter her services were terminated vide Memo No. 1674/Giridih dated 31.07.2020. The petitioner challenged the said action in W.P.(S) No. 1796 of 2020. 5. During the pendency of the matter, the Department of School Education and Literacy issued Resolution No. 2436 dated 14.09.2022 granting equivalence to Sangeet Prabhakar of Prayag Sangeet Samiti only where the course comprised 500 marks, and to Sangeet Bisharad of Pracheen Kala Kendra comprising 300 marks.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x9HrvpPIULcch8e2ZcW0%2FduryKFiHy6vNN3BnRmhAvIM&caseno=WPC/5699/2025&cCode=1&cino=JHHC010307612025&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
