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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Raghvendra Kumar Sharma Son of Krishna Mohan Sharma – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment against m.a. teacher post. (Para 1 , 3 , 4 , 5) |
| 2. arguments regarding approval process for appointment. (Para 6 , 7 , 8 , 9) |
| 3. court's analysis of section 35 applicability. (Para 10 , 11 , 12 , 13) |
| 4. no prior approval needed for sanctioned post. (Para 16 , 17) |
| 5. final decision to set aside the rejection of petitioner’s appointment. (Para 18) |
JUDGMENT :
HARISH KUMAR, J.
1. Heard the parties.
2. A counter affidavit has been filed on behalf of the University, the same is taken on record.
3. The petitioner was appointed against the post of M.A. Teacher in terms with an advertisement duly published in the newspaper by the College in question on 13.02.2013 inviting application from the eligible candidates for consideration of their cases for appointment against the teaching and non teaching posts in the concerned college.
4. Mr. Satyam Shivam Sundram, learned Advocate for the petitioner submitted that the materials available on record clearly reflects that in terms with the advertisement, the petitioner submitted his application for appointment against the post of M.A. Teacher and after proper verification of his qualification and eligibility, he was
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
Section 57A(6) of the Bihar State Universities Act is inapplicable to teachers appointed after the stipulated date; University must process such appointments fairly.
The court held that the eligibility for consideration in teaching appointments is confined to those appointed before a specific cutoff date, and the petitioners, appointed later, do not qualify.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
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