THE STATE OF BIHAR Vs. ASHRAF HUSSAIN

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 25th July 2011 passed by the learned Single Judge in CWJC No. 11373 of 2009, the respondent-State of Bihar has preferred this Appeal under clause 10 of the Letters Patent.

(2.) The respondent-writ petitioners approached this Court under Article 226 of the Constitution in above CWJC No. 11373 of 2009 for a direction to the State Government to implement the order dated 10th June 2009 made by the District Teachers Employment Appellate Authority, Katihar made in Appeal No. 1137 of 2009. The learned Single Judge has allowed the Writ Petition and has directed the State Government to give weightage to the higher qualification of Graduation obtained by the petitioners and other candidates and to revise the selection panel for appointment as Panchayat Teacher. Therefore, this Appeal.

(3.) Learned advocate Mr. Ajay Kumar has appeared for the appellant-State of Bihar. He has submitted that under the relevant Rules, provision has been made to prepare a merit list of the candidates on the basis of average of the marks obtained by the candidates in the Intermediate Examination and at the Teachers Training. Even though a candidate possesses qualification higher than the Intermediate, such qualification is not counted for the purposes of merit list. The direction issued by the learned Single Judge is contrary to the Rules.