ABDUR RAUF Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner was having a Fazil degree and was appointed as a Teacher by the Managing Committee of the Madarsa Board. The Petitioner was appointed in the year 1978 on an unsanctioned post. The vacancy occurred in the year 2002. After selection, the Petitioner's name was first in the panel and accordingly he was selected for the said post. The second man in the panel i.e. Respondent No. 8 challenged the appointment of the Petitioner on the ground that he was overage and the maximum age for the purposes of selection was 35 years. The Special Director, Secondary Education, Bihar, Patna allowed the appeal relying on the order of this Court passed in LPA No. 978 of 1999.

(2.) I may clarify before going any further that on perusal of the orders passed in LPA No. 978 of 1999, it would appear that in the advertisement, 35 years of age was fixed as the eligible age for appointment. The LPA Court after considering this aspect of; the matter found that the concerned person was not entitled for consideration for the purpose of appointment.

(3.) The LPA arises out of CWJC No. 3641 of 1992, disposed of on 23rd July, 1999. In the writ application, the facts disclose that the Petitioner and the Respondent No. 5 were both appointed as Assistant Teachers against unsanctioned post, one post became vacant due to the retirement of one of the teachers. An advertisement was issued in which it was specifically stated that the person who will be considered should be 35 years of age. The Court while considering this aspect of the matter come to the conclusion that since both the Petitioners and the Respondents were appointed and were in the school since 1978, the person who fulfils the conditions of being within 35 years of age would be eligible for appointment. The Court while considering this aspect of the matter also observed as follows: