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2019 (4) TMI 2157 - ALLAHABAD HIGH COURTTermination order - resolution for termination of the service of the petitioner was approved by the District Basic Education Officer, Mahoba - Violation of principles of natural justice - HELD THAT:- Hon'ble Apex Court in the case of P.M. Latha and Anr. v. State of Kerala and Ors. [2003 (3) TMI 766 - SUPREME COURT] has taken view that B.Ed. degree holder cannot necessarily be held to be holding qualification suitable for appointment as Assistant Teacher in Primary School and there is sufficient logic and justification in the study prescribing qualification of Teacher Training Certificate and no B.Ed. for appointment of teachers in Primary Schools. In view of the aforesaid, it is clear that since the petitioner does not possess necessary qualification as prescribed under Rules 4 and 6 of the Rules, 1978 his appointment is itself void ab initio and as such the decision taken by the authorities does not call for any interference by this Court specially under Article 226 of the Constitution of India. Violation of principles of natural justice - HELD THAT:- It is true that in the present case before cancelling the candidature of the petitioner no notice or opportunity of hearing was provided to him, however, breach of principles of natural justice is no more a straight jacket. The Supreme Court in the case of Aligarh Muslim University and others v. Mansoor Ali Khan [2000 (8) TMI 1104 - SUPREME COURT] pleased to held that it is not necessary to quash the order merely because of violation of principles of natural justice - since nothing has been brought in record by the petitioner that what prejudiced has been caused to the petitioner in absence of opportunity of hearing, the order impugned cannot be set aside only on the ground that the opportunity of hearing was not provided to the petitioner. Thus, no relief could be granted to the petitioner in this Writ petition. The writ petition is devoid of merits and the same is liable to dismissed. The writ petition is hereby dismissed.
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