TITLE: Mina Kumari v. The State of Bihar & Ors.
Decided on: 17-07-2023
LPA No: 493/2021
CWJC No: 17598/2019
Coram: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE PARTHA SARTHY
Facts of the case:
The current appeal has been filed in response to the order dated 30.7.2021 issued in C.W.J.C. no. 17598 of 2019.
In brief, the appellant completed her two-year teachers training course for the Session 1989-91 at Zakir Hussain Primary Teacher Training College in Sultanpur, Patna. The examinations were held in 2007 in accordance with the Hon’ble Supreme Court’s directions, and the results were announced in 2008.
Meanwhile, the respondents appointed teachers in accordance with the Bihar Special Primary Teacher Appointment Rules, 2010, Rule 4 of which stated that the candidates must have received their educational qualification prior to the cut-off date of 23.1.2006. Clause 5(2) of the Bihar Staff Selection Commission’s advertising stated unequivocally that the candidate must have completed the training course prior to 23.1.2006.
Analysis of the court and decision:
The learned single Judge, after hearing learned counsel for the parties, was pleased to dismiss the writ application on two grounds: first, that the appellant did not satisfy the eligibility requirement by not having obtained the teachers training qualification before the cut-off date of 23.1.2006, and second, that there was no justifiable explanation for the nine-year delay in filing the writ application, which was filed in the year 2019.
After reviewing the record, the Court concludes that the instant appeal is without merit.
Hence the appeal is dismissed.
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Written by- Meghana D
