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Candidate not duly Qualified on the date of interview

(Querist) 09 April 2017 This query is : Resolved 
Respected Experts...
There was an advertisement in paper that candidates​ are invited for the interviews, for the seven (7) post of teachers in Private School of Maharashtra state....One B.A B.Ed candidate who was not duly Qualified on the date of interview, appeared for the interview (as this candidate was doing​ his B.Ed on the date of interview)...
Latter on this candidate was given appointment Order by School Management on the post of Assistant Teacher after six months of the same interview on the basis of same selection process and same interview......

Is his appointment is legal and valid ? Can a candidate who is not duly Qualified on the date of interview, may be given appointment order after the laps of six months period to the same interview, after the completion of his qualifications required for the said post ?????
Dr Shahid Nadeem (Querist) 09 April 2017
Other six candidates who were duly Qualified for the said posts of the Assistant Teacher were given appointment order immediately after the next day of the interview, and they also resumed their duties on the said School on very next day of the appointment order i.e after two days of interview ....But the seventh candidate in question, who was not possessing requisite qualification on the date of interview, latter completed his B.Ed after 6(six) months and then appointment order was issued to him after six months of the same interview​....
Sri Vijayan.A (Expert) 09 April 2017
It being the private school, they can frame their own policy without infringing the Law or Rules formulated by Government regarding this.

In the case on hand, the candidate is not given appointment without qualification or before acquiring the qualification and not allowed to teach the students.

Hence, there is no violation.
Rajendra K Goyal (Expert) 09 April 2017
Agree with the expert Sri Vijayan.A.
Advocate. Arunagiri (Expert) 09 April 2017
The appointment is made only after obtaining the required qualification, there is no violation.

As this is a private school, the other candidates can not object it.

Guest (Expert) 09 April 2017
Arunagiri good to speak about the violations.Your own company Gemmia Oil tech Ltd had violated the Norms of BSE and SEBI and had cheated the Indian Public and many of the Innocent Investors had committed suicide also.BSE and SEBI are in Procees of taking actions.Could you Please atleast Confirm your Company's address which had Vanished Please
Dr Shahid Nadeem (Querist) 10 April 2017
It is Government Aided private school... before advertising the said post the Management of private school didn't seek Prior permission of the education department and Also violated the mandatory provisions of recruitment as MEPS ACT 1977 & various GRs related to recruitment process......., and the after lapse of considerable period of time to the said interview it's doubtful to appoint a blood relative teacher by Management in public employment to accommodate blood relatives...a FIR is also lodged on the so called seven employees and alleged Trustees of the management for preparing ante dated forged and fabricated Documents Regarding appointments​ blood relatives....

My query was only limited to the the extent that is after the interview was shown to be held and one candidate who was not possessing requisite qualification on the date of interview latter on completes his required qualifications for the said post after six months and shown to be given appointment order allegedly........

Is this permissible in any public employment??????
Guest (Expert) 10 April 2017
Dear Dr. Shahid Nadeem,

Would you please like to clarify, as a dentist, how you are concerned with the present problem of recruitment of teachers in a private school?

For your information, mere qualification is never the criteria for recruitment, several other factors are also taken care of.

So, besides your concern, you are required to state the gist of relevant Ad of the school for recruitment.
Dr Shahid Nadeem (Querist) 10 April 2017
Respected sir..
I m concerned about the alleged recruitment process as newly elected president since 2016 of the said public trust which runs the said Government Aided private school...
The ex President and his blood​ relatives had shown illegal appointments on the post of assistant teacher in the said School...On my complaint to the Lokayukta of Maharashtra an enquiry was held and it's finded out that those appointments were shown by making ante dated forged Documents and by violating basic recruitment process as laid down by Law..A FIR is also lodged against all the responsible personalities including then incharge suspended Education Officer for the said illegalities and fraud with the Government...

I have Also discussed various aspects of this complete matter at length under various headings, under this Experts forum and on the valuable suggestions of the Hon'ble experts i m carrying out this matter in consonance with Law.....

I m again restricting my my query to limited extent of time period expired after the interview ....In the public employment an untrained Teacher shown to be approached for interview, who was perusing his requisite qualification 800 km away from the interview place...Then after 6 months he completed his requisite qualification... Shown to be issued appointment order... Only seven persons ( Blood relatives) approach for seven So called Appointments in such a huge unemployment era....

This candidate in question though doing his requisite qualification degree at 800 km away from the interview place but approached for the interview after reading an Advertisement in a Paper which was not even available at District libraries and not recognised with District Information office.......

Please suggest on the this interview time period and appointment order Which was allegedly shown to be issued after 6 months of the interview.....

As School is Government Aided
..It had to comply with mandatory provisions of recruitment as laid down by Law for public employment and Government resolutions issued in that regard....

Regards.....
Dr Shahid

Dr Shahid Nadeem (Querist) 10 April 2017
Respected sir..
I m concerned about the alleged recruitment process as newly elected president since 2016 of the said public trust which runs the said Government Aided private school...
The ex President and his blood​ relatives had shown illegal appointments on the post of assistant teacher in the said School...On my complaint to the Lokayukta of Maharashtra an enquiry was held and it's finded out that those appointments were shown by making ante dated forged Documents and by violating basic recruitment process as laid down by Law..A FIR is also lodged against all the responsible personalities including then incharge suspended Education Officer for the said illegalities and fraud with the Government...

I have Also discussed various aspects of this complete matter at length under various headings, under this Experts forum and on the valuable suggestions of the Hon'ble experts i m carrying out this matter in consonance with Law.....

I m again restricting my my query to limited extent of time period expired after the interview ....In the public employment an untrained Teacher shown to be approached for interview, who was perusing his requisite qualification 800 km away from the interview place...Then after 6 months he completed his requisite qualification... Shown to be issued appointment order... Only seven persons ( Blood relatives) approach for seven So called Appointments in such a huge unemployment era....

This candidate in question though doing his requisite qualification degree at 800 km away from the interview place but approached for the interview after reading an Advertisement in a Paper which was not even available at District libraries and not recognised with District Information office.......

Please suggest on the this interview time period and appointment order Which was allegedly shown to be issued after 6 months of the interview.....

As School is Government Aided
..It had to comply with mandatory provisions of recruitment as laid down by Law for public employment and Government resolutions issued in that regard....

Regards.....
Dr Shahid

Rajendra K Goyal (Expert) 11 April 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
I never initiate such comment / action, just try to contradict / reply when on me / on other experts in wrong way / unwanted / for satisfaction of ego.
Guest (Expert) 11 April 2017
As a new elect President, if you feel that irregularity has been committed, after necessary investigation on passing a resolution, you may terminate the irregularly appointed candidates, if did not qualify as per the recruitment rules. Why feel handicapped.

So far Education Officer is concerned, if involved, you may report the matter to the State's Lokaykta, if vigilance department does not exist.
Guest (Expert) 11 April 2017
Well Advised by Senior Expert/Senior Advocate Mr.P.S.Dhingra
Guest (Expert) 11 April 2017
Dear NJS Rajkumar,

Thanks for your appreciation.
Guest (Expert) 11 April 2017
Thanks Sir.
Guest (Expert) 11 April 2017
You are welcome.
Dr Shahid Nadeem (Querist) 11 April 2017
Thanks a lot respected Experts....
We have already terminated their alleged services after Education Officer has cancelled their illegal Approvals....
We have Also loged FIR U/S 420,471, 465 etc on all the relevant individuals ...But while preparing my statement in criminal matter, I was just trying.to find out a case law related to that interview issue and alleged appointment order after six months of the so called interview but didn't get any response from Google ... That's why i asked in this Highly intellectual Experts forum ,where i had always found solutions to my queries and i always followed the opinion of the experts in my all legal battles.... Thanks a lot


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