BAHAMANI TUTI Vs. THE STATE OF JHARKHAND THROUGH THE DIRECTOR (PRIMARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE Annexure -B to the counter affidavit of Respondent No. 2 is a set of service rules framed under Proviso of 309 of the Constitution of India which is dated 08.07.1993 when the State of Bihar and Jharkhand were united. No order of the Government or of the Director of Education can override these Rules which will apply in the State of Jharkhand under the Re -organisation Act.

(2.) IN the circumstances, prima facie the appointment of the teacher of Basanti Kongari to the post of principal was not permissible, as she was not eligible for that post.

(3.) THE counter affidavit of the Committee of Management of the college has informed that in the mean time another vacancy has arisen because of retirement of another teacher namely Saloni Soy.