High Court granted liberty to file objections for future vacancies, acknowledging the petitioner was excluded due to allegedly fake qualifications, while noting future eligibility depends on prescribed criteria. Application disposed with terms.
Liberty granted to file objections in context of future vacancies.
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Patna High Court CWJC No.14146 of 2012 (2) dt.28-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14146 of 2012
====================================================== 1. Tasnim Daughter Of Late Rashid Ahmad Siddiqui And Wife Of Wasi Ahmad C/O F.T. Bus Service, Mohalla Kalibagh, Near Liberty Cinema, P.O. Bettiah District West Champaran (Bihar)
.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Department, Govt. Of Bihar, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Quamar Raza For the Respondent/s : Mr. Md. N. Hoda Khan Sc18 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
2 28-08-2012 Heard learned counsel for the petitioner, State and for the Staff Selection Commission (hereinafter referred to as the Commission).
Acknowledging that the name of the petitioner does not figure in the list of 34,540 persons approved by the Supreme Court for appointment as Assistant Teacher, it is submitted that liberty has been granted to file objections so that the candidate may not be prejudiced in context of any future vacancy.
The petitioner is stated to have been excluded on the ground that her qualification from the Islamia Primary Teacher Education College, Phulwarisharif, Patna in the Session 19861988 was not valid/fake even while others from the same
Patna High Court CWJC No.14146 of 2012 (2) dt.28-08-2012
Institution and the same Session have allegedly been empanelled. Reliance is also placed on a Division Bench order in C.W.J.C. No. 1119 of 1987 to support the contention that the Institution had valid recognition during the Session that she obtained her qualification.
Counsel for the respondents submits that any consideration of the objections even in context of future vacancies has to be subject to otherwise fulfillment of the eligibility criteria that may be prescribed.
The application stands disposed in the aforesaid
terms.
(Navin Sinha, J.)
Md. Ibrarul/-
1 issue framed by the court
Whether liberty to file objections regarding future appointments can be granted when the petitioner's qualification is declared fake and not in the approved list?
Colour shows how this judgement treated each authority
C.W.J.C. No. 1119 of 1987Referred¶12
Tasnim Daughter Of Late Rashid Ahmad Siddiqui And Wife Of Wasi Ahmad
The State Of Bihar
The Principal Secretary, Human Resources Department, Govt. Of Bihar, Patna
Secretary, Staff Selection Commission, Bihar, Patna
NAVIN SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
