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M. R. SHAH, B. V. NAGARATHNA
Indresh Kumar Mishra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgments and orders passed by the Division Bench of the High Court in Letters Patent Appeal Nos. 796 of 2019 and 826 of 2019 by which the Division Bench of the High Court has confirmed the respective judgments and orders passed by the learned Single Judge of the High Court dismissing the writ petitions, the original writ petitioners have preferred the present appeals.
1.1 The present appeals are of two categories. Civil Appeal Nos. 2217-2218 of 2022, Civil Appeal No. 2219 of 2022 and Civil Appeal No. 2221 of 2022 are with respect to the writ petitioners, who applied for the post of Postgraduate Trained Teacher in the subject History and Civil Appeal No. 2220 of 2022 is with respect to the original writ petitioners, who applied for the post of Graduate Trained Teacher in the subject of History/Civics.
2. The facts leading to the present appeals in a nutshell are as under:-
Facts in respect of Postgraduate Trained Teachers
2.1 That the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand vide its letter dated 24.07.2017 forwarded requisition of the Department of School Educat
Appointment – In field of education, Court of Law cannot act as an expert normally – Whether or not a student/candidate is possessing requisite qualification should better be left to educational inst....
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
The court established that specialized degrees can qualify for marks in teacher recruitment, emphasizing the need for a contextual interpretation of educational qualifications.
There is no equivalent Rule akin to Rule 10(a)(ii). A perusal of the said Rule 10(a)(ii) clearly presupposes and provides that the acquisition of a higher qualification would presuppose the acquisiti....
The UGC Regulation prevails over the advertisement, and the court emphasized the importance of expert opinions and deferred to the UGC's assessment of the appellant's eligibility.
Point of law: The word “equivalent” must be given a reasonable meaning. By using the expression “equivalent” one means that there are some degrees of flexibility of adjustment which do not lower the ....
The main legal point established in the judgment is the importance of uniform eligibility conditions and the need for the Ministry of Higher Education, Govt. of India to review and amend the Recruitm....
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