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2006 Supreme(SC) 1163

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
The Deputy Director of Public Instruction And District Recruitment Authority & Ors – Appellant
Versus
Shaik Moula & Anr – Respondent


JUDGMENT

ARIJIT PASAYAT, J.

Leave granted.

Challenge in this appeal is to the order passed by the Division Bench of the Karnataka High Court dismissing writ petition filed by the appellants. Challenge before the High Court was to the order passed by the Karnataka Administrative Tribunal (in short the 'Tribunal').

Background facts in a nutshell are as follows:-

Respondent no.1 filed an application before the Tribunal under Section 19 of the Administrative Tribunal's Act, 1985 (in short the 'Act') praying to quash the selection made by the appellants and for a direction to include his name for selection under category IIB (reserved category) and to issue order of appointment as primary school teacher in the Hindi subject.

The applicant-respondent no.1 herein had filed an application for appointment as primary school Assistant Teacher (Hindi) in Bangalore Rural District. The same was rejected on the ground that he did not possess the requisite qualification. It was pointed out that the requisite qualifications as indicated in the Notification No.C1.Pra.Sha.Shi.Ne/01/2001-02 dated 8.9.2001 are as follows:

"1. Must have passed PUC and TCH or equivalent examinations

* But the candidates who h












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