S.M. Rizwan Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16308 of 2014 =========================================================== S.M. Rizwan Alam, Son of S. M. Israil Hasan, Resident of Kagzi Mohalla, P.S. Bihar Sharif, Town, District - Biharsharif .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat, Bailey Road, Patna

2. Director, Secondary Education, Human Resources Development Department, New Secretariat, Bailey Road, Patna

3. Regional Deputy Director, Patna Zone, Patna, District - Patna

4. District Education Officer, Nalanda at Biharsharif, District Nalanda

5. Secretary, Soghra High School Inter College, Bihar Sharif, Nalanda, District - Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate For the Respondent/s : Mr. Pramod Kumar Singh, AC to SC-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 26-09-2018 Heard learned counsel for the petitioner and State.

2. The claim of the petitioner for approval was rejected by the Directo4r, Secondary Education, Government of Bihar, Patna on the ground that the petitioner has crossed the age limit for appointment.

3. This issue is no more res integra. This Court has occasion to decide this issue in the case of Jayashree (C.W.J.C. No. 10013 of 2013) and vide oral judgment dated 22.08.2016 a Coordinate Benchh of this Court has held out that in the matter of appointment of teacher, there is no bar of age and as such the order of rejection of approval dated 10.10.2012 (Annexure-1) cannot sustain. It

Patna High Court CWJC No.16308 of 2014 dt.26-09-2018 2/2 is, accordingly, quashed.

4. The respondents are directed to consider the case of the petitioner for grant of approval afresh, as there is no age bar for appointment of teacher. In the matter of deficit grant, there is only bar that no teacher is entitled to receive the payment out of deficit grant beyond the age of superannuation.

5. The respondents are accordingly directed to take fresh decision in accordance with law within a period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ application is allowed and disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2018 Transmission Date