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PARTHA SARTHY
Nazir Hussain – Appellant
Versus
State of Bihar through the Principal Secretary Education Department, Government of Bihar, Patna – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned Standing Counsel no. 13 for the State. The petitioner has filed the instant application for the following reliefs :
ii. Also for commanding the respondents to reinstate the petitioner to the post of panchayat teacher of middle school Islampur, Block Goraul, District-Vishali and grant all consequential benefits to the petitioner w.e.f. the date of termination.
iii. And for any other relief(s) for which petitioner is found to entitled in view of the facts and circumstances of the case.”
The case of the petitioner in brief are that pursuant to an advertisement published for appointment of Block Teachers, the petitioner having requisite qualification filed an application for appointment as Block Teacher (Untrained) in the subject of Urdu. He was selected. The petitioner was appointed by order contained in letter no. 744 dated 28.12.2010 issued under the signature of the Executive O
The court affirmed that a valid Adeeb-e-mahir degree is equivalent to intermediate qualifications, allowing the petitioners to continue their roles as teachers despite state claims of non-recognition....
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
The main legal point established in the judgment is that the petitioner did not possess the required qualification for the post of Language teacher as per the terms and conditions of the advertisemen....
Termination of service without a hearing violates principles of natural justice, necessitating reinstatement.
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