MAMTA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE petitioner claims to have acquired the qualification of Madhyama (Visharad) from Hindi Sahitya Sarnmelan, Allahabad in 2006. In response to an advertisement by the State of Bihar for appointment of Teachers in the Primary, Middle and High Schools under the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006 (herein after called 'the Rules '). She was also an applicant. After consideration she was appointed 26.2.2007 and started to discharge her duties. Her services have been terminated by an order dated 18.4.2007 in pursuance of an order dated 23.2.2007 issued by the Department of Human Resources on the ground that her certificate from the Hindi Sahitya Sarnmelan, Allahabad was not recognised. Learned Counsel for the petitioner submits that under Rule 8(2) a candidate was required to possess qualification of Secondary/Intermediate or its equivalent from a recognised School. He submits that the State Government by a notification dated 15.6.1973 letter no. 1672 had resolved with reference to an earlier order of the State Government dated 16.8.1965 that the qualification of Madhyama from Hindi Sahitya Sarnmelan, Prayag was equivalent to B.A. Part -I or Intermediate. Any subsequent decision by the respondents with regard to the Madhyama qualification from Hindi Sahitya Sarnmelan, Allahabad can only be with prospective effect including a revision or overturning of the earlier decision of the State Government in context of the same issue taken in 1965. reiterated in 1973.

(3.) LEARNED counsel for the State relies upon a decision of this Court in CWJC No. 14222 of 2008 disposed on 22.1.2009 declining interference on a policy decision of the State Government dated 20.11.2008 declining to grant equivalence to a qualification of Shiksha Visharad from Hindi Sahitya Sarnmelan, Prayag, Allahabad to a degree of B.Ed. for the purpose of appointment.