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ASHUTOSH KUMAR
Md. Sarfaraz Alam Son of Md. late Khan Ahmad – Appellant
Versus
State of Bihar through the Principal Secretary – Respondent
JUDGMENT :
1. Heard Ms. Mahasweta Chatterjee, learned Advocate for the petitioner.
2. Nobody appears on behalf of the private respondent no. 9.
3. The State is represented by Ms. Binita Singh, learned SC-28 for the State.
4. The petitioner despite being a Moulvi, which is equivalent to Intermediate examination was not selected for the post of Urdu Teacher in the primary school in village Maktab, Habaspur within Chalk Salem village Panchayat for which he had applied against an advertisement issued in the year 2006 for appointment of Urdu Teacher in Panchayat Elementary Schools. The private respondent no. 9, who is Intermediate with one subject with 50 marks in Urdu, has been selected.
5. The grievance of the petitioner is that for any person to fall in the category of eligible teachers in Urdu, he needs to have passed in the subject with the maximum of 200 marks.
6. The petitioner had challenged the appointment of private respondent no. 9 before the District Teachers Appellate Authority as a result of which, his appointment was set aside.
7. The respondent no. 9 thereafter preferred an appeal before the State Appellate Authority. The State Appellate Authority vide order dated 23.07.2019 al
The central legal point established in the judgment is the importance of adhering to the specific eligibility criteria outlined in the statutory rule for the appointment of teachers, as well as the c....
Amended eligibility rules cannot be applied retrospectively to disqualify a candidate already appointed under prior criteria.
B.Ed. qualification alone is not sufficient for appointment as a teacher in Elementary/Primary Schools, as established by the judgment of the Hon’ble Supreme Court.
The court affirmed that eligibility criteria for reserved positions must be strictly adhered to, ruling against the appointment of an ineligible candidate.
There is no scope for interference by Court unless particular provision impugned before it can be said to suffer from any legal infirmity, in sense of its being wholly beyond scope of regulation-maki....
The central legal point established in the judgment is the interpretation of the essential eligibility criteria for the post of Assistant Teacher L.T. Grade (Urdu) and the influence of the UGC commun....
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