HAIDAR ALI Vs. AKHILESH KUMAR SINGH

JUDGEMENT

(1.) Heard Sri T. Islam, learned Counsel for the petitioner and Sri Shashank Shekhar Singh, learned Counsel for the respondent-University.

(2.) The instant intra Court appeal has been filed by the fifth respondent of the writ petition challenging the order of the learned Single Judge dtd. 8/12/2022, whereby, the writ petition instituted by the petitioner / first respondent, herein, was allowed, setting aside the appointment of the appellant on the post of Trained Graduate Teacher (Agriculture), at Aligarh Muslim University/School, for want of essential qualification i.e. B.Ed. degree.

(3.) Learned Counsel for the appellant submits that appellant came to be appointed on temporary basis as a Trained Graduate Teacher (Agriculture), (for short TGT), vide appointment letter dtd. 20/11/2010. The appointment was for an academic session which continued on year to year basis and finally an advertisement dtd. 20/5/2022, came to be issued by the third respondent - Directorate of School Education, Aligarh Muslim University, Aligarh, (for short, "AMU"). The advertisement sought applications for various posts including TGT (Agriculture) for the session 2022 - 23. The qualification of the post, inter-alia, mandated that the candidate should have B.Ed. degree or equivalent from a recognized University. The advertisement further provided for age relaxation as per Kendriya Vidyalaya Sanghathan (KVS) norms, to various categories. It is agreed between the parties that the relaxation does not pertain to qualification for TGT (Agriculture). Pursuant to the advertisement, the first respondent / writ petitioner had applied for the post and it is not in a dispute that he fulfills the educational qualifications duly notified in the advertisement i.e. he was having B.Ed. degree. In any case, the appellant came to be selected on 16/7/2022, on the recommendation made by the Local Selection Committee, despite not having B.Ed. degree. The validity of the selection / appointment of the fifth respondent was challenged in writ petition.