Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1985: Bihar Private Medical (Indian System of Medicine) College (Taking Over) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Private Medical (Indian System of Medicine) College (Taking Over) Act, 1985: Termination – Appellants were appointed as Lecturers in private Ayurvedic Colleges between the period from 14 March 1978 to 10 May 1979 – The State by the Act of 1985 took over the management of the Private Medical Colleges and upon the recommendation of the Screening Committee constituted by it, the appellants, amongst others were absorbed in service – Upon the batch of writ petition, High Court directed constitution of fresh Screening Committee, upon the recommendation of which the services of appellants were terminated – Appellants filed writ petitions before High Court against the termination, as result of which Review Screening Committee was constituted pursuant to the order of the High Court – Review Screening Committee recommended that the appellants, amongst others, were found unfit for absorption – Appellants approached High Court against the recommendation and the same was dismissed upon the grounds that the appellants though had academic qualification but lacked three years post qualification teaching experience from a recognised Ayurvedic College as required by the Statute – Hence instant appeal – Held: The very premise on which the High Court proceeded to examine the eligibility of the teachers as on the date they initially entered into service in the year 1978-1979 and arrived to the conclusion that the teachers who were not holding the post qualification teaching experience of three years from recognized Ayurvedic college as referred to under the Statute would not be eligible for absorption is a clear misconception of law – State was not able to justify as to how the person on the basis of academic qualification, if not being permitted to teach, may acquire post qualification teaching experience as referred to under the Statute of the Bihar University Act or by CCIM Act, 1970 for entry into service – Therefore, the academic qualification and post qualification teaching experience of three years at the entry level post i.e. Lecturer in the instant case, are two different ends which are not possible to meet – It is a proven fact that the appellants were holding required academic qualification and teaching experience of more than three year as on cut-off date prescribed by the Notification, the contention of State that the appellants lacked three years post qualification teaching experience at the time of their initial appointment as per the mandate of Act of 1985, is unsustainable. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 423 |
Petitioner | Harish Chandra Shrivastava |
Respondent | The State Of Bihar And Others |
SCR | [2022] 2 S.C.R. 1065 |
Judgement Date | 2022-04-13 |
Case Number | 2943 |
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