High CourtsSingle Bench(2013) 04 PAT CK 0107

Md. Ekramul Haque vs State of Bihar

Patna High Court · Decided on 8 April 2013 · Citation: (2013) 3 BLJud 40

HON’BLE JUDGES
Ajay Kumar Tripathi, J.
RESULT
Dismissed
CASE NUMBER
CWJC No. 2709 of 2010

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Judgment

3 paragraphs · 245 words

Ajay Kumar Tripathi, J. (Oral)—Reliance of the petitioner on two orders of the learned single Judge annexed as Annexures-13 and 14 has no relevance on the issue raised in the present writ application. In the light of some other decisions rendered in a case of Md. Altaf Hussain v. The State of Bihar & ors. reported in 2011(1) PLJR 530 as well as in a case of Md. Mansoor Alam v. The State of Bihar & Ors. reported in 2010 (1) PLJR 952 the same said learned single Judge in these orders have clearly and categorically held that there is no occasion for appointment of Maulvi degree holders as general teachers in any school because such appointments can only be made on the post available for Urdu teachers.

2.

The judgments annexed as Annexures-13 and 14 being relied upon by the petitioner has been rendered in another context. The direction for continuance in service in any manner is not in conformity with the earlier decision of Her Lordship that Maulvi degree holders can never be appointed on a general post of a teacher, which has been done in the present case. The decision under challenge contained in Annexure-8 is reiteration of that decision and it is not required to be interfered with. However, the question of any direction for recovery etc. may not be carried out in the given facts of the case.

3.

The writ application has no merit and it is accordingly dismissed.