PATNA, India, Nov. 21 -- Patna High Court issued the following judgment on Oct. 30:
Heard the parties. 2. Invoking the prerogative writ jurisdiction of this Court, the petitioners, who are the aspirants for the post of School Teachers for Class-9 and 10 in terms with the Advertisement No. 26/2023, have approached this Court seeking a direction upon the respondents to issue their respective posting orders based upon the provisional appointment letters issued by the Respondent No.2 with all consequential benefits as has been accorded to the other similarly situated persons.
3. Learned Advocate for the petitioners submitted that in terms with the caption advertisement, the petitioners having requisite academic qualification as Bachelor of Commerce in Accounts Honours and Bachelor of Arts in Home Science Honours, having Hindi as compulsory subject of 100 marks in Part-I and Part-II Bachelor Examination, have applied for the post of "Teachers" in primary, secondary and higher secondary schools. The petitioners have also got training of two years Teachers Training course in Bachelor of Education (B.Ed) from Lalit Narayan Mithila University and also qualified Secondary/Senior Secondary Teachers Eligibility Test in the year 2011 and 2019, respectively. The petitioners having declared successful in connection with the captioned advertisement by the Bihar Public Service Commission for the Hindi subject sent for counselling/orientation programme vide letter dated 24.10.2023 along with other successful candidates. Upon completion of the training and orientation programme, the petitioners have also obtained provisional appointment letters, nonetheless final appointment letters have not been issued in their favour and as such the petitioners compelled to approach this Court.
4. Learned Advocate for the petitioners, to substantiate his claim, referring to the Advertisement especially clause 4(C)(iv), submitted that a candidate was only required to study the concerned language as subject at the graduation level for the post of Secondary School Teacher. There is no dispute that the petitioners have studied Hindi as a compulsory subject in Part-I and Part-II for total 100 marks. After having satisfied the eligibility, the petitioners were allowed to appear in the examination and on being declared successful, the provisional appointment letters have been issued. Now, the Respondent authorities cannot be allowed to take this plea that the petitioners were not having Hindi subject at the graduation level, hence they are not eligible for the post of Teacher for Hindi subject. It is further contended that clarification made by the Director, Secondary Education, issued when the entire process of selection came to an end, would not preclude the petitioners from their appointment by applying it retrospectively.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNjIzOCMyMDI0IzEjTg==-qQvPlrvqp9M=
Disclaimer: Curated by HT Syndication.
