BIRENDRA KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS intra court Appeal has been filed against the order dated 29.6.2005, passed in W.PS. No. 2520 of 2005 dismissing the writ petition of the appellant.

(2.) ON 22.3.2006, the following questions were framed in this appeal: -

(3.) MR . H.K. Mahto, appearing for the appellant, submitted that the appellant got a certificate of diploma in mental retardation issued by the National Institute of Mentally Handicapped, Secunderabad ( NIMH for short) after undergoing training at "Deepshikha  recognized by NIMH. He submitted that in view of Rule 2 (Kha) of Jharkhand Primary School Appointment Rules, 2002 ( the Rules for short), a "trained  candidate includes a candidate having diploma in education/diploma in teaching, which does not exclude any candidate having special training in education or teaching. He also submitted that the case of Snehlata Kumari ( WPS No. 5276 of 2004) is not applicable to the case of the appellant in asmuch as the appellant acquired diploma in 1992, whereas in the case of Snehlata Kumari, the diploma was acquired between 1999 to 2002 i.e. after enforcement of National Council for Teachers Education Act, 1993 ( NCTE Act for short), which came into effect from 1.7.1995. He further referred to the following paragraphs of the affidavits filed on behalf of respondent no. 7.