GEETA APANG @ SINGH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. A.M. Bujarbarua, the learned Senior Government Advocate, State of Arunachal Pradesh.

(2.) VIDE this application under Article 226 of the Constitution of India, the petitioner has challenged the order dated 12.08.2008 terminating her service. The said order was passed by the Commissioner-cum-Director of School Education, Arunachal Pradesh terminating the service of the petitioner as Assistant Teacher (A) in exercise of power under Section 5(i) of the CCS (Temporary Service) Rules 1965.

(3.) ORDER dated 12.08.2008 was passed on the ground that the petitioner was appointed as Assistant Teacher (A) against reserved quota in view of her marriage to a person belonging to Schedule Tribe although she is not a member of Schedule Tribe. Be that as it may, the appointment order was not set aside on the basis of fraud or otherwise and the authority took a decision of terminating her service by taking recourse to provision of Section 5(i) of the CCS (Temporary Service) Rules 1965.