SHRI MAHENDRA PRASAD MEHTA Vs. THE DISTRICT SUPERINTENDENT OF EDUCATION AND ANOTHER

JUDGEMENT

(1.) A decision was taken to fill up 80 vacant posts of teachers in the Primary Schools in the district of Katihar and, accordingly, an advertisement was published in a news paper on the 4th March, 1983, a copy whereof is Annexure - -1. The minimum qualification mentioned in the advertisement was that the applicants should be Metric or equivalent trained. The petitioner filed an application and was interviewed on the 14th March, 1980. Although the appointments of other candidates were made, the petitioner was left behind. It is stated that on enquiry he learnt that since he had passed the Basic Training Examination from a college in Kalingpong within West Bengal, he was considered ineligible. He, therefore, filed the present application for appropriate reliefs.

(2.) It is asserted by the petitioner and not denied by the State of Bihar that there are still posts vacant. Learned Standing Counsel IV who opposed the application has contended that since the length of the course of training in Kalingpong College, West Bengal, from where the petitioner has obtained the degree, was one year, the petitioner was not qualified for the post. The requirement of two years' course of training has been emphasised. It is, however, not stated that a candidate getting trained outside Bihar is for that reason incompetent for appointment. In the counter -affidavit, it is stated: - -