BRAJESH KUMAR Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT (DEPARTMENT OF EDUCATION)

JUDGEMENT

(1.) Heard the petitioner, the respondent no.5 and counsel for the institution (respondent nos. 3 and 4) and with their consent the writ petition is being disposed of at this stage.

(2.) Petitioner and respondent no.5 were non permanent teachers in English seeking permanent appointment in Raj Kumari Ganesh Sharma Sanskrit Vidyapith Kolhanta Patori, District- Darbhanga, which is run by Ministry of Human Resources, Government of India. From 18 to 24 October, 2008, under the signature of the Chairman of the said institution, an advertisement was issued calling for applications, within thirty days of advertisement, for the post of Post Graduate Teacher, inter alia, in English, which is appended as Annexure 4 to the writ petition.The relevant part of the advertisement dealing with essential qualification for the post is quoted hereunder:

(3.) A reference to the said advertisement would show that essential qualifications required were (i) Master's Degree or its equivalent in the subject concerned and (ii) Degree or Diploma in Training/Education. This second condition would be relaxed if any candidate had a doctorate degree in the subject concerned or he passed first class in Higher Secondary examination, Degree and post graduate examination and the candidate acquired B.Ed/B.T. degree within three years from the date of joining. There is an additional desirable qualification clause which is that a person should have three years teaching experience in the subject concerned in a College/ Higher Secondary School/ High School.