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B. R. GAVAI, K. VINOD CHANDRAN
Rajesh Kumar – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. jurisdiction and procedural history of the appeal. (Para 2 , 3) |
| 2. factual background of the appellant's employment and termination. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 12 , 13 , 14) |
| 3. arguments regarding eligibility for appointment. (Para 17 , 18) |
| 4. court's observations on eligibility and procedural errors. (Para 20 , 21 , 22 , 24 , 25 , 26 , 27) |
| 5. ruling on reinstatement and lack of applicability as precedent. (Para 28 , 29 , 30 , 31 , 32) |
| 6. resolution of pending applications. (Para 33) |
JUDGMENT :
1. Leave granted.
3. This appeal arises out of peculiar facts and circumstances.
5. At the relevant time, the appellant was working in a minority school, which was fully (100 per cent) Government- aided.
7. It is not in dispute that the appellant was serving in St.Teresa Girls Middle School, Dudhani, Dumka, since 2nd April, 2008 and his appointment was confirmed by the Director, Primary Education vide Memo No. 1148 dated 27th May, 2009.
9. In the selection process, the appellant was found to be successful and his name was also recommended for appointment to the said post. However, since the appointment letter was not issued, the appellant preferred a writ petition before the
Administrative errors should not penalize an employee; reinstatement ordered despite eligibility issues based on peculiar circumstances.
The court established that the principle of parity in pay and allowances between government and minority school teachers is constitutionally mandated, and any deviation from this principle without a ....
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
The appointment of the petitioner must be justified based on the qualifications and rules prevailing at the time of consideration, as per legal precedents and Article 14 of the Constitution of India.
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
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