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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Baijanti Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.
1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 11.07.2023 passed by the learned Single Judge of this Court in W.P.(S) No.3864 of 2020, whereby and whereunder, the learned Single Judge has declined to interfere with the decision taken as contained in letter no.655 dated 10.09.2020 by which the contract of the petitioner has been terminated.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, reads as under:-
3. It is the case of the writ petitioner that on 16.03.2003, the village education committee was constituted and writ petitioner was selected as Para-Teacher on the same day and subsequently, her selection was approved by the committee and thereafter, she was sent for training to Block Resource Center, Pratappur, Chatra, thereafter, she was released vide office order dated 23.07.2003 for giving her joining in Utkramik Prathmik Vidyalay, Bantha under Kunda Block, Chatra.
4. The writ petitioner joined as Para-Teacher on 23.07.2003 in Utkramik Prathmik Vidyalay, Bantha, Chatra and since then she was working sincerely.
5.
Statutory qualifications for public office must be met; equity cannot override legal requirements.
The court emphasized the necessity of procedural fairness and the validity of educational qualifications when considering appointment cases.
State authorities have broad discretion to set educational qualifications for public service positions, and courts will not interfere unless there are statutory violations.
The appointment of the petitioner must be justified based on the qualifications and rules prevailing at the time of consideration, as per legal precedents and Article 14 of the Constitution of India.
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and tha....
Post of Assistant Teachers in Government Middle Schools - Qualification - It is mandatory provision that 50% of total posts shall be filled-up from candidates, who has working experience as a Para Te....
The court established that eligibility criteria for public employment must be strictly adhered to, and any appointment made contrary to these criteria is illegal. Equity cannot be invoked to override....
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 central legal point established in the judgment is the requirement of specific qualifications, including passing TET examination and meeting certain educational criteria, for holding the post of ....
The judgment established the importance of valid educational qualifications under the Sarva Shiksha Abhiyan and the authority of the District Programme Officer in reinstating employees.
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