Neeta Sharma vs The State Of Bihar
2023 Latest Caselaw 3978 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.504 of 2022
                                        In
                  Civil Writ Jurisdiction Case No.15581 of 2021
     ======================================================

Neeta Sharma, Wife of Late Krishna Kumar Singh, Resident of Creation Boutique, Naunihal School, Anandpuri, Bibiganj, P.S. - Sadar, District - Muzaffarpur.

... ... Appellant/s Versus

1. The State of Bihar through Principal Secretary, Department of Science and technology, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of General Administration, Bihar, Patna.

3. The Director, Science and Technology Department, Govt. of Bihar, Patna.

4. The Deputy Secretary, Science and Technology Department, Govt. of Bihar, Patna.

5. The Joint Secretary, Science and Technology Department, Govt. of Bihar, Patna.

6. The Member of Selection Committee, Science and Technology Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

     For the Appellant/s    :    None
     For the Respondent/s   :    Mr. Ajay, GA 5

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-08-2023

Learned counsel for the appellant requested to hear the matter and the same was kept aside for hearing. When the list was called out, there was no appearance.

2. We have gone through the records and also

heard the learned counsel appearing for the respondents.

3. The dispute is with respect to the termination Patna High Court L.P.A No.504 of 2022 dt.23-08-2023

of the appellant from a teaching assignment in the subject

'Costume Design and Garment Technology'; which assignment

was admittedly contractual in nature. The appellant is said to

have been appointed in 2008 and later in the year 2018, despite

an application for extension of a contractual appointment, the

same was not done. After a lapse of three years, by Memo Dated

30.07.2021, produced at Annexure-13 in the writ petition, the

respondent also terminated the said appellant from her service.

The termination was on the ground that the appellant does not

possess appropriate qualification.

4. The appellant admittedly has a Post Graduate

qualification in Home Science and it is stated that she also

qualified in ancillary subjects of Costume Design and Garment

Technology. However, nothing is produced by way of a

certificate to substantiate such contention.

5. Learned Single Judge found that the appellant

did not have the essential qualification as prescribed by the All

India Council for Technical Education (AICTE). For a technical

discipline, a candidate should possess Bachelors and Master

Degree in the relevant discipline with first class in either of the

two at the time of selection.

6. The appellant has not established before this Patna High Court L.P.A No.504 of 2022 dt.23-08-2023

Court that she has the Bachelors and Master Degree, as

stipulated by the AICTE. It is also to be emphasized that the

prayer is for extension of a contractual appointment, which

cannot be directed by invoking the extraordinary jurisdiction

under Article 226 of the Constitution of India. The appeal stands

dismissed.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J)

Sujit/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          30.08.2023
Transmission Date