SANDIP KUMAR ROUSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State and Patna Municipal Corporation.

(2.) The petitioner has moved the Court for the following releifs:

(3.) The father of the petitioner, Ashok Kumar, while working as Assistant Teacher in Upgraded Middle School Bodhgama in Phulwarisharif, Patna died in harness 08.02009. Pursuant thereto, the petitioner, who is the third son of the deceased employee, applied for compassionate appointment before the Competent Authority on 17.04.2009. It appears that till date, the matter is under consideration and the latest position is that the authorities are taking the stand that now appointments can be made only in terms of the Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2006 and the Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2012, which mandates passing of the Teachers Eligibility Test, which the petitioner does not possess. In such condition, some correspondence by the authorities to the National Council for Teachers Education has also been brought on record to indicate that permission has been sought for relaxation of such Rule. It is further the stand that upon receipt of such concurrence, appointment shall be made.