KAUSHALAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior counsel for the petitioner and learned counsel for the State.

(2.) The present writ application has been filed being aggrieved by the order dtd. 15/1/2019, passed by the State Appellate Authority, by which the appeal filed by the petitioner has been dismissed and the order passed by the District Appellate Authority, Purnea has been affirmed.

(3.) The brief facts of the case are that the petitioner was employed as Panchayat Teacher under Block Panchayat- Hariya, District-Purnea on 29/4/2007 and at the time appointment, she was having Madhyama certificate i.e. equivalent to Matriculation. Being a Scheduled Castes candidate, she was employed on the basis of Madhyama certificate under the provisions of Rule 4(iii) of Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rule, 2006 (hereinafter referred to as 'the Rule, 2006'). The said Rule provides that if no candidate belonging to Scheduled Castes category having intermediate qualification is available, the candidate with Matriculation or equivalent qualification can be employed as Panchayat Teacher but such candidate will have to acquire the prescribed Intermediate qualification within a period of 06 years.