VINAY KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the writ petitions have been heard together and are being disposed of by this common order.

(2.) THESE two writ petitions have been filed against the orders passed by the Director, Primary Education, Jharkhand by which he directed the District Superintendent of Education to post the petitioners in Nationalised Elementary Schools.

(3.) MR . Shamim Akhtar and Mr. H.K. Mehta, appearing for the State submit that when the B.P.S.C. recommended for appointment in Nationalised Elementary Schools, the District authorities could not have appointed the petitioner in the Basic Government Schools. He further submitted that for appointment in the Basic Government Schools, the requirement is Matric trained whereas the petitioners were not trained when they were appointed in 1994. He further submitted that the appointing authority of the Basic Government School is Regional Deputy Director of Education. In reply, Mr. Singh submitted that from 1991, the requirement of having training for appointment was dispensed with. However, the teachers were required to take training after appointment which they have taken. He further submitted that such objections on behalf of the State cannot be accepted at this distance of time.