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Supreme Court of India 2022-04-13 allowed

Harish Chandra Shrivastava vs State of Bihar and Others

Bench: 2 — Rastogi

In Brief

Five Ayurveda teachers appointed to a private college before the State of Bihar took it over under the 1985 Act were found unfit by screening committees and their services terminated. The High Court upheld this, reasoning they lacked the statutory three-year post-qualification teaching experience at initial appointment. The Supreme Court held that eligibility must be assessed as on the statutory cut-off date (01.06.1986) when the teachers had acquired such experience, not at appointment in 1978-79. The High Court had misread the takeover notification. The Court set aside the terminations, reinstated one active teacher, and directed release of pension and retiral dues for the others with 12% interest if delayed."

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Educational Law Civil Service Employment and Service Conditions State Takeover of Private Institutions Administrative Law

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