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ANIL KUMAR SINHA
Kaushalaya Devi – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J.—Heard learned Senior counsel for the petitioner and learned counsel for the State.
2. The present writ application has been filed being aggrieved by the order dated 15.01.2019, passed by the State Appellate Authority, by which the appeal filed by the petitioner has been dismissed and the order passed by the District Appellate Authority, Purnea has been affirmed.
3. The brief facts of the case are that the petitioner was employed as Panchayat Teacher under Block Panchayat- Hariya, District-Purnea on 29.04.2007 and at the time appointment, she was having Madhyama certificate i.e. equivalent to Matriculation. Being a Scheduled Castes candidate, she was employed on the basis of Madhyama certificate under the provisions of Rule 4(iii) of Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rule, 2006 (hereinafter referred to as “the Rule, 2006”). The said Rule provides that if no candidate belonging to Scheduled Castes category having intermediate qualification is available, the candidate with Matriculation or equivalent qualification can be employed as Panchayat Teacher but such candidate will have to acquire the prescribed Intermediate qualificati
Statutory qualifications for public office must be met; equity cannot override legal requirements.
The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtain....
The central legal point established in the judgment is the requirement of specific qualifications, including passing TET examination and meeting certain educational criteria, for holding the post of ....
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 qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
Point of law : Court cannot substitute the statutory qualification, which is not otherwise provided under the relevant provisions, which prescribe the essential qualification for appointment to the p....
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