Back
RAJESH SHANKAR
Diwakar Yadav – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
(Rajesh Shankar, J.) :
The present writ petition has been filed for quashing the order as contained in memo No. 343 dated 19.11.2020 (Annexure-6 to the writ petition) passed by the Director, Directorate of Primary Education, Department of School Education & Literacy, Government of Jharkhand (respondent no. 4) whereby the claim of the petitioner for appointment to the post of Assistant Teacher in Primary School (Class- I to V) in the district of Deoghar under Para Teacher Backward Class Category has been rejected. Further prayer has been made for issuance of direction upon the respondents to appoint the petitioner as Assistant Teacher of Primary School in Deoghar District in Para Teacher Backward Class Category.
2. Learned counsel for the petitioner submits that pursuant to Advertisement No. 04/2015, the petitioner applied for the post of Assistant Teacher in Primary School in the District of Deoghar under Para Teacher Backward Class Category. An overall merit list was prepared for Deoghar district in which the petitioner scored 56.17 marks.
3. It is also submitted that after 9th counselling, further counselling was stopped in view of the time schedule fixed by the Department
The court ruled that exclusion from the merit list despite higher scores constitutes arbitrariness, necessitating compliance with prior judicial directions for fair counselling.
[The court established that degrees from Hindi Vidyapeeth, Deoghar are valid for government appointments prior to 26/02/2015, and emphasized the importance of following judicial directives in recruit....
The main legal point established in the judgment is that candidates who have secured more marks than the last selected candidates are entitled to be considered for counseling and appointment, especia....
The court emphasized the necessity for compliance with prior judicial orders in the counseling process for Assistant Teachers, prioritizing merit and eligibility of candidates.
The court mandated that candidates with higher marks must be allowed to participate in the counseling process, reinforcing principles of fairness and compliance with previous judgments.
The court emphasized adherence to judicial precedents, directing authorities to accommodate eligible candidates in the counseling process based on merit, ensuring fair treatment and timely compliance....
The court directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.
The court mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
Unfilled reserved vacancies can be filled by general candidates post-amendment to the Act, shifting the burden of proof to the appointing authority.
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
