- Posts were admittedly advertised — Out of the desirous candidates on the basis of their merit determined by the Selection Committee un-trained persons were appointed as primary teachers due to non-availability of P.T.C. candidates — In under developed countries the permanent machinery of the Govt. running different departments changed their attitude by the change of the Govt. and adopt new line akin to the liking of new political set up — In AJ&K every Govt. has tried to bypass the rules and regulations — In order to have the confidence of new elite in power, the officials running departments also ignores the rules and regulations — If they receive any direction contrary to law, the case is not resubmitted well in time for fresh orders rather such officials sit over the file for indefinite time — Thus are responsible for continuous wrong being committed in this part of the State. Imdad Ali Shah and 59 others v. Azad Govt. and 8 others 2003 SCR 95 (B)
- The induction of untrained teachers in service was conditional — Only from such areas untrained person could be appointed from where trained candidates were not available — In order to meet the requirement of primary teachers in various schools the Govt. was constrained to keep the rules of 1994 in abeyance — Whereby a person Matric IInd division having P.T.C. or equivalent qualification was held entitled to apply for the post of primary teacher — The appellants who were only Matric IInd division but were not P.T.C. were allowed to appear before the departmental Selection Committee for determining their merit. There must be consistency in the policies of the Government — The Govt. cannot penalize any person for the blunder committed by it. Imdad Ali Shah and 59 others v. Azad Govt. and 8 others 2003 SCR 95 (C)
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