Kiran Kumari v. The State Of Bihar Through Principal Secretary To Govt. Of Bihar, Vikash

Mr. Kailash Vasdev, learned senior counsel Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 5 appearing for the State of Bihar, we feel if that is the case, such candidates should not be deprived of an opportunity in future. Accordingly, we direct that such candidates will be at liberty to apply to the Bihar Staff Selection Commission reconsideration of their status and the status of their institutions in respect of which objections have not been considered by the Special Officer. If such representations are made, the same should be considered and disposed of by the Commission, after giving the candidates an opportunity of hearing and placing their cases before the Commission and if it is found that their cases are genuine, the said candidates should be considered in future vacancies, when other vacancies are available, in order of seniority." 2- vr% ekuuh; loksZPp U;k;ky; ds fnukad 13-10-2011 ds mi;qZDr U;k;kns’k dh ifjf/k esa vkus okys lHkh oSsls vH;fFkZ;ksa dks ,rn~ }kjk lwfpr fd;k tkrk gS fd vxj mUgsa ,slk izrhr gksrk gS fd ekuuh; loksZPp U;k;ky; esa lefiZr lwph eas mudh laLFkk dk uke Unrecognised/Fake dh Js.kh esa j[krs gq, mudk vH;fFkZRo jn~n dj fn;k x;k gS rks os bl foKkiu ds lkFk layXu Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 6 fofgr izi= esa viuk nkok vkosnu fnukad 04-01-2012 ls 31-01- 2012 ds chp …dk;kZy; fnol esa 11%00 A.M. ls 03%00 P.M. rd‰ nks izfr;ks a esa lk{; ds lkFk Hkjdj vk;ksx dk;kZy; esa lefiZr djds izkfIr jlhn izkIr dj ysxsA 3- ekuuh; loksZPp U;k;ky; ds fnukad 13-10-2011 ds U;k;kns’k vkyksd oSls vH;FkhZ ek= Unrecognised/Fake laLFkku ls lacaf/kr f’kdk;r ds laca/k esa gh vkosnu i= fofgr izi= esa lefiZr djsaxsA lwph esa vU; =qfV;ksa ls lacaf/kr fdlh f’kdk;r ij vk;ksx fopkj ugha djsxkA 4- fu/kkZfjr frfFk dks lk{; ds lkFk fofgr izi= esa Hkjk gqvk vkosnu i= gh ekU; gksxkA fu/kkZfjr frfFk ds iwoZ ;k ckn esa lefiZr vkosnu i= ekU; ugha gksxkA dafMdk&2 esa of.kZr izfdz;k ds vykok fdlh vU; ek/;e vFkkZr Mkd@dksfj;j@QSDl@bZ&esy vkfn ls Hkstk x;k vkosnu fopkj.kh; ugha gksxkA 5- vxj fdlh vH;FkhZ us iwoZ esa nkok vkosnu vk;ksx dks Mkd }kjk ;k vU; ek/;e ls Hkstk gS rks mUgsa Hkh fofgr izi= esa nkok vkonsu lk{; ds lkFk fu/kkZfjr le;kof/k esa iqu% lefiZr djuk vfuok;Z gSa muds iwoZ es a Hksts x, vkosnu i= ij vk;ksx dkjZokbZ ugha djsxkA 6- nkok vkosnu i= lefiZr djus okys vH;FkhZ fofgr izi= esa Lo;a ,oa izf’k{k.k nsusokyh laLFkk dh fLFkfr (Status) lefiZr djsaxsA 7- nkok vkosnu i= dk izk:i fcgkj deZpkjh p;u vk;ksx ds csclkbZV www.bssc.bih.nic.in ls bPNqd vH;FkhZ MkmuyksM dj ldrs gSA fcgkj deZpkjh p;u vk;ksx] iVuk**

5. It is the case of the petitioners that though in response to aforesaid press communiqué they had filed their applications with full details, the Respondents had not taken the Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 7 decision as directed by the Apex Court, whereafter this writ application was filed on 1.5.2012.

6. This case was initially heard on 4.7.2012, when the following order was passed:- "The Hon’ble Supreme Court in Contempt Petition (C) No. 297 of 2007 in SLP (C) 22882/2004 Nand Kishore Ojha Vs. Anjani Kumar Singh on 13.10.2011 passed the following order (Annexure-1):- “It has been claimed by some of the candidates institutions have been shown to be unrecognized/fake, whereas from the very same institution other candidates have been found eligible, although, this has not been admitted by Mr. Kailash Yasdev, learned senior counsel appearing for the State of Bihar, we feel if that is the case, such candidates should not be deprived of an opportunity in future. Accordingly, we direct that such candidates will be at liberty to apply to the Bihar Staff Selection Commission for reconsideration of their status and the status of their institutions in respect of which objections have not been considered by the Special Officer. If such representations are made, the same should be considered and disposed of by Commission, after giving the candidates an opportunity of hearing and placing their cases before the commission and if it is found that their cases are genuine, the said candidates should be considered in future vacancies, when other vacancies are available, in order of seniority.” Pursuant to which the Bihar Staff Selection Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 8 Commission invited objection with regard to rejection of their candidature on the ground of obtaining the teachers training certificate from an unrecognized or fake institution. The petitioners have given their objection mentioning therein in detail. The enquiry has been held by the Commission and with regard to the recognition or fakeness of the institution; the matter is pending with the Government as recommended by the Bihar Staff Selection Commission. Principal Secretary, HRD, Govt. of Bihar is directed to take a decision within ten days and communicate to the Commission, failing which the Principal Secretary, Human Resources Development Department, Bihar shall appear in person and show cause as to why the matter be not referred for initiating proceeding under Article 229 again to the Hon’ble Supreme Court against the Principal Secretary, H.R.D."

7. When the matter was heard again on 30th July, 2012 this Court had noticed the following stand taken by the Principal Secretary of the Education Department in his counter affidavit, wherein, it was stated that:- “3. That in this regard it is respectfully submitted that, vide letter no. 2371 dated 06.06.12 request had been made by the Bihar Staff Selection Board, Patna for ascertaining the validity of training certificates of 2507 candidates issued through certain institutions, particularly as to whether the said institutions had been accorded recognition by the State Government.

4. That accordingly the same was routed through the Director, Primary Education and was placed before the undersigned for seeking necessary Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 9 permission in the matter. The undersigned further endorsed the matter on 20.06.12 to the Director, Research & Training for taking further action in the matter.

5. That as in the list of candidates forwarded by the Bihar Staff Selection Board, Patna the said candidates where shown to have acquired teacher’s training qualification/certificates from private institution, whose examinations where conduced by the Bihar School Examination Board, Patna, hence a composite list stating the names of the institutions along with the academic session had been sent by the Director, Research & Training to the Bihar School Examination Board, Patna for its verification vide letter no. 542 dated

11.07.12.

6. That report in this regard had been received from the Bihar School Examination Board, Patna vide letter no. 740 dated 12.07.12 with its individual remark against the names of the respective institutions. Together with, this it had also been remarked by the Board that as the Roll No., Serial No., and the year of examination of each candidate had not been provided, hence result of each candidate could not be verified.

7. That it is after receipt of the aforesaid report from the Board, the same had been scrutinized at the department and it is in the said process that notices have been issued by the Director, Research & Training vide memo no. 222 dated

17.07.12 to the concerned institutions directing them to submit record/proof in respect of their recognition particularly in view of the admitted factual position that previously in the year 1994 Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 10 itself, the proposal of a recognition of large number of Non-Government Teachers Training Institutions had been rejected by the State Government, which also included the names of institutions whose result are presently under process of verification and the said decision pertaining to rejection had also duly been communicated through News Paper Publication dated 08.01.94.

8. That it will be equally pertinent to submit that the matter pertaining to recognition of a large number of teachers training institutions are equally facing vigilance enquiries.

9. That thus as the aforesaid exercise being complicated is genuinely expected to consume a considerable time, hence this Hon’ble Court may be gracious to allow further two months time in the present case.”

8. This Court did not find the aforesaid stand of the Principal Secretary of Education Department to be convincing and thus, while adjourning the case by an order dated 30.7.2012, it had passed the following interim order:- “Till the decision on the issue, no further appointment shall be made the cadre by Government and also the recommendation Commission and Commission on the post in question.” further recommendation by

9. When the case was listed after six months and nothing more was on record on behalf of the respondents as with regard to the undertaking given by the Principal Secretary seeking Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 11 two months time in his affidavit dated 19.7.2012, it had by its order dated 8.1.2013 directed the respondents to indicate the time limit in which the order of the Apex Court as with regard to the verification of all the colleges including the petitioners’ school was to be complied and the Principal Secretary of Education Department was directed to file an affidavit to this effect. Thereafter on 16.1.2013 the prayer of the learned counsel for the State for adjourning the case for a period of four weeks was allowed.

10. On 18.2.2013, a supplementary counter affidavit was filed sworn by Akhileshwar Kumar Pandey, the Director, (Research and Training), Department of Education, Bihar, wherein, a period of four months was sought for for complying the order of the Apex Court and in this regard, it was stated as follows:- “2. That this supplementary affidavit is being filed for granting further time of four months for ensuring compliance as directed by this Hon’ble Court by the order dated 4.7.2012 and further by the order dated 16.1.2013.

3. That it is most respectfully submitted that the validity of recognition of the said non-government teachers training college is being examined by the department. All the concerned Secretary of concerned Training Colleges were called for hearing by the letter no. 222 dated 17.7.2012 and Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 12 597 dated 27.7.2012 to clarify their position in context to validity of institution. Only representatives of three concerned institutions, namely non Govt. Primary Teachers Training College Balughat, Islamia Primary teacher Training College Chandwara, Muzaffarpur appeared, majority of listed Tr. Institutions are non functional presently and all are very old Institutions. The Old documents of the related institutions are missing. Further vigilance inquiry was also imitated against said non government Teachers Training Colleges.

4. That due to unavailability of original records pertaining the opening, recognition and rejection of the recognition of the Colleges, it is very difficult to take final decision about the status of the colleges whether recognized or not.

5. That out of nine Colleges the decision has been taken bout the four colleges whose records have been found out after rigorous efforts. These Institutions are Non Govt. primary Teacher’s Training Colleges, Balughat, Muzaffarpur, Rahmania Teacher’s Training College, Chandwara, Muzaffarpur, Islamia Primary Training College Lodipur, Patna.

6. That under such circumstances it is humbly prayed that this Hon’ble Court be further pleased to grant four months time in present case for submission of final report of all nine colleges.”

11. This Court however was not at all satisfied with the aforesaid affidavit filed by the Director, Research and Training and it had accordingly directed for filing of a fresh supplementary Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 13 counter affidavit giving reasons for such belated compliance of the order of the Apex Court. It is only thereafter that the Director, Primary Education has now filed another supplementary counter affidavit wherein it is stated as follows:- “3. It is stated that the Hon’ble Supreme Court vide order dated 13.10.2011 in Contempt Petition (C) No. 297/2007 in SLP(C) No. 22882/2004 (Nand Kishore Vs. Anjani Kumar Singh) approved the final seniority list of eligible candidates submitted special officer (Mr. Justice S.K. Chattopadhyay) considering various institutions and certificates produced by the candidates.

4. That so far the issue of showing the names of some candidates list of unrecognized/fake institutions whereas the names of other candidates of the same institutions in the eligible list is concerned, from the perusal of the order of the Hon’ble Apex Court, it is clear that the same matter had already been raised before the Hon’ble Apex Court and the Hon’ble Apex Court having taken note of the matter was pleased to observe the following:- “It has been claimed by some of the candidates that their institution have been shown to be unrecognized/fake whereas the very same institution other candidates have been found eligible, although this has not been admitted by Mr. Kailash Yasdev, learned senior counsel appearing for the State of Bihar, we feel it this is the case, such candidates should not Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 14 be deprived of an opportunity in future. Accordingly, we direct candidates will be at liberty to apply to the Bihar Staff Selection Commission reconsideration of their status and the status of their institutions in respect of which objections have not been considered by the Special Officer. If such representation are made, the same should be considered and disposed of by the Commission, giving candidates an opportunity of hearing and placing their cases before the Commission and if it is found that their cases are genuine the said candidates should be considered in future vacancies, when other vacancies are available in order of seniority.”

5. That in compliance of the order of the Hon’ble Supreme Court, the Bihar Staff Selection Commission is considering such cases.

6. That it is the admitted position that the names of the petitioners did not figure in the aforesaid final list prepared under the supervision of the Hon’ble Apex Court.

7. That it would be equally pertinent to submit that the Hon’ble Apex Court vide order dated

13.10.2011 passed in Contempt Petition (C) No. in SLP(C) No. 22882/2004 (Nand Kishore Oha Vs. Anjani Kumar Singh) had observed:- “we make it clear that since the Roaster, as well as the seniority list, have been prepared in terms of the order of this Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 15 Court, no Court shall entertain any other objection or applications with regard to the same.”

8. It is also stated that the verification of those nine training institutions referred by Bihar Staff Selection Commission, Patna is under process and is likely to be concluded shortly.”

12. As would be apparent, the respondents did not specify any particular time limit in their last affidavit for completing the verification but the learned Government Advocate in presence of Mr. Akhileshwar Kumar Pandeya, Director, Research and Training has submitted that the period of two months time will be sufficient to complete the exercise of verification.

13. In view of the undertaking given by the learned counsel for the State in presence of the Director, Research and Training, this writ application is disposed of with a firm direction to the respondents to ensure that the order of Apex Court as with regard to the verification of the claim of the petitioner is positively complied within a period of two months from today. Till it is done so, the interim order passed by this Court on 30.7.2012 shall continue.

14. The personal appearance of Mr. Akhileshwar Kumar Pandeya, Director, Research and Training is hereby Patna High Court CWJC No.8739 of 2012 (6) dt.21-02-2013 16 dispensed with.

15. Let a copy of this order be given to learned Government Advocate No.2 for its strict compliance by the respondents. (Mihir Kumar Jha, J) surendra/-