KUMARI BIPLABI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-12-39
HIGH COURT OF JHARKHAND
Decided on December 03,2013

Kumari Biplabi Appellant
VERSUS
STATE OF JHARKHAND,The District Superintendent Of Education,Principal Secretary, Human Resource Development Department,Director, Primary Educatin, Govt. Of Jharkhand Respondents

JUDGEMENT

- (1.) THE petitioner has approached this Court seeking a direction upon the respondents for her appointment on the post of Primary Teacher.
(2.) HEARD the learned counsel appearing for the parties and perused the documents on record. Pursuant to an advertisement issued in September, 2002, the petitioner appeared and her name was recommended on 14.11.2003 by the Jharkhand Public Service Commission. The petitioner obtained B.Ed degree on 14.11.2004 and since she was not offered appointment, she approached the Office of the District Superintendent of Education on 19.08.2005 when she was informed that, since she was not possessing requisite qualification, she was not offered appointment on the post of Primary Teacher.
(3.) THE learned counsel appearing for the petitioner relying on the judgment in "Md. Sajjad Ali Vs. State of Jharkhand and Others", reported in 2008 (4) JLJR 184 contended that, since at the time when the advertisement was issued, the petitioner was already enrolled however, the result was published on 14.11.2004 and therefore, the petitioner was entitled for appointment on the post of Primary Teacher. He has further submitted that, in the Full Bench Judgment in the case of "Md. Sajjad Ali" (supra), this Court has held that, since the persons appearing in the B.Ed examination were also duly qualified for being appointed on the post of Primary Teacher, the petitioner is also entitled for consideration of her case for appointment on the post of Primary Teacher.;


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