AJAY MOHAN GOEL
Parveen Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
CMPT No.946 of 2023
For the reasons stated therein, present application seeking early hearing of the petition is allowed and disposed of.
CWPOA No.3296 of 2020
2. By way of this petition the petitioner has, inter alia, prayed for the following relief:
3. Brief facts necessary for the adjudication of the present petition are that the petitioner participated in the process that was undertaken by the respondent-department in the year 2017 for appointment as Language Teacher on contract basis. In terms of Annexure P5, dated 01.09.2017, the petitioner was reflected as a selected candidate. However, thereafter, a notice was issued to the petitioner dated 27.11.2017 (Annexure A7), which reads as under:
The central legal point established in the judgment is that adherence to the minimum qualification criteria as per the Recruitment & Promotion Rules is essential for appointments, and failure to meet....
The amendment to the recruitment rules requiring batch recognition from the B.Ed issuance date does not violate constitutional rights and is justified based on the necessity of complete qualification....
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....
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
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The court emphasized the importance of meeting the eligibility conditions and the recognition of qualifications by relevant authorities in determining the validity of an engagement order for a teachi....
For batch-wise teacher recruitment up to 31.03.2014, inter se seniority reckoned from basic degree (B.A.) certificate date per Note (i), not professional qualification (B.Ed.) date.
Point of Law : Similarly, for category number (c) also the Note-3 comes into operation only if a candidate possesses more than 50% marks in graduation, because otherwise a candidate falling in this c....
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