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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
State of Jharkhand – Appellant
Versus
Sobha Verma, W/o. Vijay Prakash Karn – Respondent
ORDER :
Shree Chandrashekhar, J.
The State of Jharkhand is in appeal against the order dated 21st May 2015 by which the order of termination of service of the writ petitioner (hereinafter referred to as “respondent”) has been set aside by the writ Court.
2. W.P.(S) No. 4124 of 2008 was filed by the respondent challenging the order contained in the letter dated 24th May 2008 by which the Regional Deputy Director, Santhal Pargana Circle, Dumka refused to grant approval to her appointment as Matric Trained Assistant Teacher. The consequential order dated 10th June 2008 by which appointment of the respondent was cancelled by the Managing Committee of Marwari Girls Middle School, Dumka was also challenged before the writ Court.
3. Briefly stated, appointment of the respondent as Matric Trained Assistant Teacher was made on 22nd January 2000 by the Managing Committee of Marwari Girls Middle School, Dumka on a vacant sanctioned post. The respondent produced certificate of 'Shikshalankar' from Rastriya Patrachar Sansthan, Kanpur which was a degree recognized by the erstwhile State of Bihar equivalent to B.Ed. degree. It is not in dispute that the respondent joined the post of Assistant Teacher
The court emphasized the need for a detailed inquiry before terminating an appointment and upheld the entitlement to back wages upon reinstatement.
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
Qualifications obtained from unrecognized institutions prior to the N.C.T.E. Act are valid and should be recognized for employment purposes, as established by the Supreme Court.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
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