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2023 Supreme(SC) 570

SUDHANSHU DHULIA, K. V. VISWANATHAN
Geeta – Appellant
Versus
Principal, Ramnagar Bharat Vidyalya, Ramnagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hrishikesh Chitaley, Adv., Mr. Vijay Kari Singh, Adv., Mr. Rajat Joseph, AOR
For the Respondent: Mr. Aaditya Aniruddha Pande, AOR, Mr. Siddharth Dharmadhikari, Adv., Mr. Shrirang B. Varma, Adv., Mr. Bharat Bagla, Adv., Mr. Sourav Singh, Adv.

ORDER :

1. We have heard the learned counsel appearing for the parties and perused the relevant material placed on record.

2. The appellant before this Court was appointed as a full time teacher in a private though Grant-in-Aid college namely, Bharat Mahila Junior College, Mahal, Nagpur. This appointment was made way-back in the year 1989. One of the essential qualifications for the post of Full time teacher (Bakery and Confectionery) was graduation with “first class”. The appellant had all the necessary qualifications including graduation but her graduation was in "second class". It seems that she was nevertheless appointed by the Management Committee as she was the best amongst the available candidates and approval was also granted by the Board, subject to the condition that her appointment will be only for one year and she will be getting the grade of an unqualified teacher. Whereas the grade of a qualified teacher was Full-time teacher (1) 2000 – 3200 (Adequately qualified) and the grade for unqualified teacher for which the appellant was appointed was 1640 – 2900 (Inadequate


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