Shobha Kumari v. The State of Bihar through Commissioner-cum-Secretary, Department

Amitabh Shankar son of Sri Jimutesh Sharma, resident of Village- Badhaiya, Police Station-Mirganj, District- Gopalganj. ---Petitioner. - 2 - -Versus- 1. The State of Bihar through Commissioner-cum- Secretary, Department of Human Resources, Government of Bihar, New Secretariate, Patna.

The Director, Primary Education, Government of Bihar, New Secretariate, Patna.

The District Magistrate, Gopalganj.

The District Superintendent of Education, Gopalganj.

The Block Development Officer, Fulwariara, District- Gopalganj.

The Block Development Officer, Hathua, District-Gopalganj.

The Block Development Officer, Uchhkagaon, District-Gopalganj.

The Block Development Officer, Thave, District- Gopalganj. ----Respondents. ----- For the petitioner: M/S. Aditya Narain Singh & Kundan Kuamar Sinha, Advocates. For the State : Sri Satyadeo Kumar (S.C. 12) & Braj Kishore Singh, Assistant Counsel to S.C. 12. ------ -With- CWJC No.1022 of 2009 Binod Kumar Singh, son of Sri Rajeshwar Prasad Singh, resident Of Village- Bahilwara Bhual(North), Police Station-Saraiya, District- Muzaffarpur. ---Petitioner. -Versus- 1. The State of Bihar through Commissioner –cum- Secretary, Department of Human Resources, Government of Bihar, New Secretariate, Patna.

2. The Director, Primary Education, Government of Bihar, New Secretariate, Patna.

3. The District Magistrate, Muzaffarpur. 4. The District Superintendent of Education, Muzaffarpur. 5. The District Magistrate at Hazipur. 6. The District Superintendent of Education Vaishali at Hazipur. 7. The Block Development Officer, Marwan Block, District- Muzaffarpur.

8. The Block Development Officer, Sahebganj Block, District-Muzaffarpur.

The Block Development Officer, Patedhi Belsar Block, District-Vaishali.

The Block Development Officer, Rajapokar Block, District- Vaishali. ----Respondents. -------- For the petitioner : M/S. Aditya Narain singh & Kundan Kumar Sinha, Advocates. For the State : Mr. Pankaj Kumar Sinha, A.C. to S.C.3. For the N.C.T.E. : Mr. Birendra Kumar, A.C. to G.P.No. XIV. - 3 - -With- CWJC No.1115 of 2009 Amit Kumar Suman, son of late Surya Deo Singh, resident of Village- Katarmala, Police Station- Goroul, District-Vaishali at Hazipur. ---Petitioner. -Versus- 1. The State of Bihar, through Commissioner-cum- Secretary, Department of Human Resources, Government of Bihar, New secretariat, Patna. 2. The Director, Primary Education, Government of Bihar, New Secretariate, Patna. 3. The District Magistrate, Vaishali at Hazipur. 4. The District Superintendent of Education, Vaishali at Hazipur. 5. The Block Development Officer, Vaishali Sadar, District-Vaishali. 6. The Block Development Officer, Mahua, District- Vaishali. 7. The Block Development Officer, Hazipur(West), District-Vaishali. 8. The Block Development Officer, Garaul, District- Vaishali. -----Respondents. -With- CWJC No.1011 of 2009 Rajeshwar Pandey, son of Sri Ambika Pandey, resident of Village- Katermala, Police Station-Goroul, District-Vaishali(Hazipur). ----Petitioner. -Versus- 1. The State of Bihar, through Commissioner-cum- Secretary, Department of Human Resources, Government of Bihar, New Secretariate, Patna. 2. The Director, Primary Education, Government of Bihar, New Secretariate, Patna. 3. The District Magistrate, Vaishali at Hazipur. 4. The District Superintendent of Education, Vaishali at Hazipur. 5. The Block Development Officer, Patepur, District- Vaishali. 6. The Block Development Officer, Chacharkala, District- Vaishali. 7. The Block Development Officer, Patehi Belsar, District- Vaishali. 8. The Block Development Officer, Lalganj, District-Vaishal. -----Respondents. ----------

26.02.2009. Heard the counsel for the petitioners and the counsel appearing for the State as well as the counsel for N.C.T.E. Petitioners were students of Bhagwan Budh Primary Teachers’ Training College during Sessions 1983-85 to 1988-90. Their apprehension is that on account of list of Institutions published - 4 - by the Department of Human Resources contained in Annexure-6, they will not be allowed to participate in counselling which is going on for appointment of Block Teachers/ Panchayat Teachers under 2006-08 Rules. In the list of Institutions whose degrees are not recognized at Serial No. 10, the name of Bhagwan Budh Primary Teachers’ Training College, Bajrahia, Siwan, has been mentioned. Petitioners’ case is that in view of order dated 29.11.1988 contained in Memo No. 1106, issued by the Joint Secretary, Department of Education, Government of Bihar, Patna, Institution was recognized for the Sessions 1987-89 and 1988-90 with some conditions.

Subsequently, conditional recognisition was withdrawn. The matter went up to the Supreme Court in Civil Appeal No. 4129/1989. The recognisition matter of this Institution for Sessions 1983-85 to 1986-88 and 1988-90 was under consideration before the Supreme Court. Government’s order dated 2.2.1988 cancelling recognisition of the institution for the period 1987-89 and 1988-90 was quashed and the recognisition for the period 1987-89 and 1988-90 was revived. So far the period 1983-85 and 1986-88 is concerned, a direction was issued to the respondents to examine the matter and pass order within the fixed period. In the light of the direction of the Supreme Court in Civil Appeal No. 4129 of 1989 by order dated 31.12.1990, vide Memo No.1049, recognisition for the period 1983-85 to 1986-88 was granted. In the year 1993, the State Government passed an order on 7.4.1993 vide Memo No.198 whereby recognisition earlier allowed up to 1988-90 was further not extended. - 5 - Petitioners’ case is that the order dated 7.4.1993 not extending recognition to the institution can not have any adverse effect on certificates of such candidates who have completed their teachers training 1983 to 1990.

Their certificates can not be treated as certificates from an unrecognized institution. Even though Bhagwan Budh Teachers’ Training College, Bajarhain, Siwan, is in the list of unrecognized Institutions. Petitioners can not be restrained from participating in counselling for teachers’ appointment. They can also not be deprived from being appointed on the post. Counsels for the petitioners have made this submission in view of the order of the Supreme Court passed in Civil Appeal No. 4129 of 1989 as well as the order contained in Annexure-3 and Annexure-5 to the writ application. I find substance in the contention of the counsel for the petitioners. Petitioners in all these writ applications have completed their teachers training in between 1983-85, 1986-88 and 1988-90. During this period there was proper recognisition to this Institution under the orders of the Supreme Court as well as the orders passed by the State Government contained in Annexures- 3 and 5 to the writ applications.

Subsequent order passed in the year 1993, can have no adverse effect on petitioners’ degrees/certificate of B.Ed from Bhagwan Budh Primary Teachers’ Training College, Siwan. Petitioners/similarly situated candidates should be allowed to participate in counselling which are scheduled on dates 27.02.2009 for Block Teachers and 28.02.2009 for Panchayat Teachers. Petitioners should also be considered for appointment, in case they are - 6 - selected. Counsel appearing for the State is directed to communicate the order passed today to the concerned authorities so that the petitioners will participate in the counselling going to be held on