KAUSHAL KISHORE SUMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 28.8.2012 passed by the District Teacher Employment Appellate Authority, Vaishali, Hajipur in Complaint Case No. 13/12 whereby the petitioner's appeal against the order dated 23.3.2012 passed by the competent authority i.e. Block Education Officer, Mahua has been rejected. By the said Memo No. 231 dated 23.3.2012, the Block Education Officer, Mahua had cancelled the petitioner's appointment as Panchayat Teacher on the ground that the petitioner did not possess the requisite qualification of intermediate from a recognized institution and a certificate issued by Hindi Sahitya Sammelan, Allahabad was not equivalent to Intermediate. The petitioner preferred appeal before the District Teacher Employment Appellate Authority, Vaishali questioning the legality of the order dated 23.3.2012 on the ground that the petitioner subsequently acquired Intermediate qualification as he passed the examination held by Bihar School Examination Board in 2009.

(2.) There is no dispute about the fact that as per the scheme for appointment of Shiksha Mitra, the minimum qualification of matriculation was subsequently enhanced to intermediate. The persons working as Shiksha Mitra with matriculation qualification were required to acquire intermediate certificate within three years. The petitioner was, therefore, required to acquire the said qualification by 2007 which is not in dispute. The petitioner came to be absorbed as Panchayat Teacher on the ground of having qualification of Madhyama Visharad acquired from Hindi Sahitya Sammelan, Allahabad. This is not in dispute that the said qualification is not a recognized qualification and the petitioner was absorbed as Panchayat Teacher on the basis of said qualification. There being no dispute about the fact that the petitioner did not fulfill the eligibility criteria as on the date of his absorption as Panchayat Teacher, 'I am of the opinion, the decision of the authorities to terminate his service cannot be faulted with. I do not find any infirmity in the order of the Appellate Authority dismissing the petitioner's appeal. This application is accordingly dismissed.