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High Court of Punjab and HaryanaRSA/1631/2015dismissed

State Of Haryana Th Its Collector Panipat And ORS v. Amarjit

2015-04-29Ms. Justice Ritu Bahri2 pages

R.S.A. No. 1631 of 2015 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH R.S.A. No. 1631 of 2015 Date of decision : 29.04.2015 State of Haryana through its Collector, Panipat & ors. ...Appellants versus Amarjit

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Siddharth Sanwaria, DAG, Haryana **** RITU BAHRI , J. (Oral) C.M. No. 4536-C of 2015 For the reasons mentioned in the application, delay of 40 days in filing the appeal is hereby condoned. The application stands disposed of.

R.S..A. No. 1631 of 2015 State has come up in Regular Second Appeal against the concurrent finding recorded by both the Courts below whereby the suit of the plaintiff-respondent was decreed. The respondent has been appointed as Guest Teacher by the appellants after satisfying themselves regarding the qualification of the respondent and the rules regulation prescribed by the Education Department till the appointment of regular teacher. The respondent is GAURAV 2015.05.28 14:50 I attest to the accuracy and integrity of this document

R.S.A. No. 1631 of 2015 -2M.A in Hindi, B.A B.Ed and fulfills the requisite qualification for the appointment of Hindi Teacher. The respondent joined on 13.01.2006 on the post of Hindi Guest Teacher. Thereafter, appellant No. 3 without giving any notice to the respondent, terminated the service of the respondent. On giving representation, DEO, Panipat vide order dated 09.05.2007 directed appellant No. 3 to continue the services of the respondent on the post of Hindi Guest Teacher. Both the Courts have found that the respondent is B.A B.Ed and M.A in Hindi. In B.A, she was having Hindi as main subject and has done her M.A in Hindi. She is having qualification higher to what is alleged by the appellants as minimum qualification to the post of Hindi Guest Teacher.

In a similar case, Sube Singh Guest Hindi Teacher was held to be eligible for appointment as Hindi Teacher as he was having M.A (Hindi), being higher qualification than B.A Honours in Hindi or having Hindi Elective Subject in B.A. The judgments passed by both the Courts below do not require any interference by this Court. No substantial question of law arises for consideration.

The regular second appeal is dismissed.

(RITU BAHRI) JUDGE 29.04.2015 G Arora GAURAV 2015.05.28 14:50 I attest to the accuracy and integrity of this document