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2008 Supreme(Pat) 354

NAVIN SINHA
Prakash Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the petitioners and learned counsel for the State.

2. A common question is involved in all these writ applications and, therefore, they are being disposed by one order.

3. The State Government framed the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 on 1.7.2006. Rule 8 provides the qualificatioins inter alia for appointment on the post of Panchayat Sikshak. The minimum educational qualification prescribed for appointment on the said post is a higher secondary/intermediate or its equivalent degree from a Government recognized institution.

4. The petitioners were appointed as Panchayat Sikshak under the Rules. They were required to teach students from Class-1 to 5.

5. There are no allegations of any illegality in their appointment process. They joined duties as Panchayat Sikshak and started to impart education. On 5.4.2007, after the selection process was complete and appointments made, a question was sought to be raised by the respondent authorities if a person holding an intermediate qualification in a vocational course was eligible for appointment. Guidance was sought in the matter. Even before the guidance w







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