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RAJESH SHANKAR
Archana Ghosh – Appellant
Versus
State of Jharkhand, through the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand – Respondent
ORDER :
(Rajesh Shankar, J.) :
1. The present writ petition has been filed for quashing the important notice no.3345 dated 29th April, 2019 (Annexure-7 to the writ petition) issued by the Examination Controller, Jharkhand Staff Selection Commission, Ranchi- respondent no.4, whereby the candidature of the petitioner for appointment on the post of Teacher in the subject Physical Education for Giridih district has been rejected. Further prayer has been made for issuance of direction upon the respondent authorities to produce the original record of the petitioner in connection with Advertisement no.21 of 2016. The petitioner has also prayed for issuance of direction upon the respondent authorities to consider her candidature and recommend her name for appointment on the post of teacher in the said subject for Giridih district.
2. Learned counsel for the petitioner submits that the impugned notice dated 29th April, 2019 issued by the respondent no.4 is completely arbitrary and illegal, as it is neither practicable nor possible for any candidate to obtain two graduate degrees. Since the petitioner duly possessed the bachelor degree in physical education (three year degree course) issued b
The court upheld the rejection of a teaching candidature due to failure to meet specified educational qualifications, emphasizing adherence to advertisement requirements.
The court established that a B.Tech degree qualifies as a Science degree for educational requirements in teacher appointments, allowing the petitioner's claim.
The main legal point established is that the qualifications of the petitioners, as per the Gazette Notification, aligned with the advertisement's requirements for the Trained Graduate Teacher positio....
The BCA degree is recognized as a Science degree, entitling holders to consideration for TGT positions.
The court upheld the rejection of the petitioner's candidature as her MA (P.Ed) was not equivalent to the required M.P.Ed, confirming the necessity of adhering to specified qualifications in recruitm....
The court established that strict compliance with the qualifications outlined in public service advertisements is essential to uphold the principles of equality and non-arbitrariness under Articles 1....
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students.
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