The Jharkhand High Court has set aside orders removing para teachers from service over questions surrounding their educational certificates, restoring their service and directing payment of withheld remuneration. The ruling turns on both the validity of the certificates relied upon and the procedure followed before ending their employment.

The dispute over qualifications

The teachers had been appointed between 2003 and 2006, when the prescribed minimum educational qualification was matriculation. The court noted that the petitioners possessed that qualification at the time of appointment, a fact not disputed by the state or the Jharkhand Education Project Council.

Subsequently, para teachers were required to acquire intermediate or an equivalent qualification in line with NCTE requirements. The petitioners submitted certificates accordingly. Questions later arose over certificates issued by institutions in Uttar Pradesh, leading to orders stopping their work and remuneration.

An earlier ruling became central

The High Court examined the distinction between certificates issued by the Hindi Sahitya Sammelan, Allahabad, and those issued by the Hindi Sahitya Sammelan, Prayag. A Division Bench had, in July 2012, held certificates issued by the Allahabad institution to be valid. The department subsequently acted on that decision in September 2012.

The court found that an earlier appellate decision cited by the state concerned certificates from Prayag, not Allahabad. Therefore, applying that decision to the petitioners’ certificates was not justified.

Procedure mattered too

The court further held that, under the Jharkhand Assistant Teacher Service Conditions Rules, 2021, termination is a major penalty requiring due procedure. Simply stopping service and remuneration without following the prescribed process was not sustainable.

The road back to service

The court consequently quashed the termination and withholding orders, directing continuation of service and payment of the remuneration due for the affected period. It also ordered the authorities to complete the process within the stipulated timeframe.

Beyond reinstatement

The ruling is significant not merely for the relief granted, but for the principle it reinforces: employment cannot be brought to an end through an unsupported interpretation of a qualification or without following the safeguards prescribed by service rules. For the teachers concerned, the order restores more than a position—it restores continuity to a professional journey interrupted by an administrative dispute.

Source: https://www.jagran.com/jharkhand/ranchi-jharkhand-hc-reinstates-para-teachers-orders-back-pay-40389440.html