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2009 Supreme(Pat) 547

NAVIN SINHA
Mamta Kumari – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned Counsel for the petitioner and the learned Counsel for the State.

2. The petitioner claims to have acquired the qualification of Madhyama (Visharad) from Hindi Sahitya Sarnmelan, Allahabad in 2006. In response to an advertisement by the State of Bihar for appointment of Teachers in the Primary, Middle and High Schools under the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006 (herein after called the Rules). She was also an applicant. After consideration she was appointed 26.2.2007 and started to discharge her duties. Her services have been terminated by an order dated 18.4.2007 in pursuance of an order dated 23.2.2007 issued by the Department of Human Resources on the ground that her certificate from the Hindi Sahitya Sarnmelan, Allahabad was not recognised.

3. Learned Counsel for the petitioner submits that under Rule 8(2) a candidate was required to possess qualification of Secondary/Intermediate or its equivalent from a recognised School. He submits that the State Government by a notification dated 15.6.1973 letter no. 1672 had resolved with reference to an earlier order of the State Government dated 16.8.1965 that the q








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