- (1.) HEARD the counsel for the petitioner and the learned counsel for the respondents.
(2.) THE petitioner in this writ petition has prayed for quashing of the order dated 7.11.2006 ( annexure 5) issued by the District Education Officer, Hazaribagh, and the letter dated 22.12.2006 Annexure - 6) issued by the Secretary of the Annada High School, Hazaribagh, whereby the petitioner's appointment as an Assistant teacher in the school has been cancelled. Further prayer has been made for direction to the respondents to post the petitioner as Assistant Teacher in History with effect from 22.12.2006 and to allow her to continue on the said post and to pay her regular salary. In response to an advertisement ( annexure 1) issued by the Secretary, Annada High School, Hazaribagh on 1.6.2004, inviting applications from eligible candidates for their appointment as Trained Graduate Teachers in History, the petitioner had submitted her candidature. Her application was considered and thereafter she was granted appointment on probation after which she was confirmed by the Managing Committee of the School. However, by the impugned order, the petitioner was informed that her appointment was cancelled on the ground that she did not possess the minimum 50% marks at the Graduation level which was an essential requirement by way of eligibility for appointment as Assistant Teacher.
(3.) THE petitioner has assailed the order of cancellation of her appointment on the ground that no such criteria relating to minimum percentage of marks at the Graduation level was mentioned in the advertisement and furthermore, the purported ground which was introduced for the first time by the Government notification published in the official Gazette in the month of November, 2004 cannot be made applicable retrospectively. Her further ground is that before cancelling her appointment, the concerned authority of the respondent never issued any prior notice, or had given any opportunity to the petitioner of being heard.;