Sunday, August 14, 2022

Calcutta High court dismisses PIL challenging appointment of private teacher in state-aided educational institute

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The Calcutta High Court has dismissed a PIL challenging the appointment of a private respondent as teacher in a state-aided educational institution on the ground that the said respondent has suppressed a material fact about criminal antecedents.

The PIL has been filed by one Ghulam Mohammad, teacher working in a State aided educational institution. In the petition some doubt has also been expressed about the D.El.Ed Degree of the said respondent.

On perusal of the petition, the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on March 21 found that it is purely a service dispute, which is sought to be raised by way of public interest litigation, which is not permissible in view of the judgement of the Supreme Court in the matter of Madan Lal versus High Court of Jammu and Kashmir and others reported in 2014 (15) SCC 308.

Hence, no ground is made out to entertain the petition, which is accordingly dismissed by the High Court.

However , the Court clarified that the dismissal of the petition will not close the other remedies which may be available to the petitioner in accordance with law.

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