RAJESH SHANKAR
Md. Shamim Ansari – Appellant
Versus
State of Jharkhand, through the Secretary/Principal Secretary, School Education and Literacy Department – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing the office order as contained in memo No. 1546 dated 2.8.2018 (Annexure-9 to the writ petition) issued by the respondent No.3 whereby the petitioner has been dismissed from service. Further prayer has been made for issuance of direction upon the concerned respondents to pay salary to the petitioner for the period from 15.1.2016 to 2.8.2018 i.e. from the date of joining in the office of Area Education Officer, Sadar Giridih till the date of dismissal as he had worked during the aforesaid period, but salary was not paid. The petitioner has also prayed for directing the respondents to reinstate him in service with all consequential benefits including the back wages.
2. Learned counsel for the petitioner submits that the petitioner was initially appointed as Para Teacher on 15.9.2009 in Upgraded Middle School, Tilaiya under Bishnugarh block of Hazaribagh district. He was enrolled by the concerned department in National Institute of Open Schooling, Noida to complete the course of Diploma in Elementary Education (D. El. Ed.) (Session 2012-14) in the year 2012 and while pursuing the said course, he passed the
A teacher's dismissal without following disciplinary procedures is unlawful, and a candidate pursuing a Teacher Training Course is eligible for the Teacher Eligibility Test.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
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,....
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
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 court emphasized the necessity of procedural fairness and the validity of educational qualifications when considering appointment cases.
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 the application of fair play and non-discrimination principles in service jurisprudence, emphasizing equal treatment for similarly situated employe....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.