MAHADEV LAL KARMAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioners and Learned Counsel for the respondents in both the writ applications. C.W.J.C. No. 4195/03 has been filed for release of arrears of salary and current salary while C.W.J.C. No. 13036/06 assails the order of his termination dated 21.7.2006 issued during the pendency of the former.

(2.) THE State Government, under the Bihar Non -Government Primary Teachers Regulation and Control Act, 1976 qualified the eligibility and requirement for appointment of teachers, inter alia, for minority schools. The minimum qualification prescribed for appointment of teachers after 1.1.1971 was Matriculate and trained. The appointment of untrained teachers was not permissible.

(3.) IT was contended on behalf of the petitioner that the factum of his having completed the training course on the date of his appointment is not disputed. Satisfied with the same provisional approval in the untrained scale was granted. That, therefore, there was no justification to now cancel the approval of the appointment, more so, when after his results of the teacher's training programme was published he has been given the trained scale. That there has been no concealment or misrepresentation by the petitioner and, therefore, after having served as a teacher since July, 1989 there was no justification for annulling his appointment.