Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recruitment to the posts of Primary School Teachers in State of Jharkhand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Recruitment to the posts of Primary School Teachers in State of Jharkhand - Eligibility - Claim of candidates holding C.P.Ed./Dip. P.Ed. - Division Bench of High Court directing to fill up 5% of total vacancies by Physical Trained candidates taking into account the policy of State of Bihar -HELD - How many posts of Primary School Teachers would be filled up by Physical Trained candidates, is essentially a question of policy for the State to decide - High Court erred in relying on the policy of the State of Bihar and directing for filling up 5% posts of the Primary School Teachers by Physical Trained candidates - The Act and the Rules governing appointment in the State of Bihar do not govern appointment in the State of Jharkhand and those have specifically been repealed by r. 16 of the Rules - However it is deemed expedient that in case the authorities have not framed any policy, they should frame a policy before it initiates its next process of appointment - Jharkhand Primary Teachers' Appointment Rules, 2002 - rr. 2(b), (iii) and r.16 - Constitution of India, 1950.Constitution of India, 1950: Article 226 - Direction by Division Bench of High Court in writ appeals to authorities to fill up 5% vacancies of Primary School Teachers by physical trained candidates - HELD: At no point of time the writ petitioners had challenged the amendment of Rules or the corrigendum issued by the Commission -Neither any statute nor rule nor the policy of the State of Jharkhand provide for filling up certain percentage of the posts of Primary School Teachers by candidates trained in physical education - Any direction to the State Government to make appointment of Physical Trained candidates as Primary School Teachers would tantamount to framing a policy and any such direction in matters of policy is uncalled for - Jharkhand Primary Teachers' Appointment Rules, 2002 |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2011 INSC 435 |
Petitioner | State Of Jharkhand & Ors. |
Respondent | Ashok Kumar Dangi And Others |
SCR | [2011] 7 S.C.R. 748 |
Judgement Date | 2011-07-04 |
Case Number | 8118-8121 |
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