MUKESH KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard learned Counsel for the Appellant and the State.

(2.) The present Appeal arises from order dated 15.3.2013 dismissing CWJC No. 16012 of 2009. The Learned Single Judge concluded that a Vocational Intermediate qualification held to be equivalent to regular Intermediate by judicial interpretation had to be given prospective effect. The Appellant was not entitled to appointment as a Panchayat teacher under the 2006 selection process on basis of his vocational qualification.

(3.) Learned Counsel for the Appellant submits that he was selected for appointment as a Block Teacher on 6.2.2007. He had the highest marks and was at serial one of the panel. Appointment was denied to him on the ground that his vocational qualification was not acceptable. In CWJC No. 16069 of 2007 he was relegated to the alternative remedy before the District Teachers Employment Appellate Authority. The Authority on 9.5.2009, after hearing the parties, relying on orders of this Court in CWJC No.4878 of 2007 and L.P.A. No. 469 of 2006 held that his vocational qualification was equivalent to Intermediate as per the government decision. Directions were given for appointment. The District Superintendent of Education, Katihar, on 13.5.2009 and 13.6.2009 directed his appointment. Appointment still being denied the present writ application was preferred leading to the order under Appeal.