Letters Patent Appeal No. 864 of 2013 · Patna High Court · 2013
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 864 of 2013 In Civil Writ Jurisdiction Case No. 23273 of 2012 With Interlocutory Application No. 5061 of 2013 In Letters Patent Appeal No. 864 of 2013 ====================================================== Ram Ekbal Thakur S/O Sri Sakhichand Thakur, Resident of Bari Dewaria, P.O. Hathua, P.S. Mirganj, District- Gopalganj .... .... Petitioner - Appellant Versus 1. The State of Bihar through the Secretary, Resources Department, New Education Department, Government of Bihar, Patna 2. The Secretary, Bihar School Examination Board, Patna 3. The Secretary, Bihar State Staff Selection Commission, B.V. College Patna – 800 014 4. The Joint Secretary, Certificate Verification Cell (Primary Education), Education Department, Government of Bihar, Patna 5. The District Superintendent of Education-cum-District Programme Officer, Gopalganj, District - Gopalganj 6. The Panchayat Secretary, Gram Panchayat Bari Esar, Block - Hathua, P.S. Mirganj, District- Gopalganj 7. The Director, Research & Training, Department of Education, New Secretariat, Patna .... .... Respondents - Respondents ====================================================== Appearance:
Legal Reasoning
For the Appellant/s : Mr. Shambhu Sharan Singh, Mr. Shabbir Ahmad and Advocates. For the Respondent Nos.1, 2 & 4: Mr. Sunil Kr. Mandal, Advocate. For the Respondent No. 3: Mr. Prabhat Kr. Singh, Advocate. Patna High Court LPA No.864 of 2013 (6) dt.09-12-2013 2/5 For the Respondent Nos.5 to 7: ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE Mr. Ashutosh Singh, AC to GP 8. and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 09-12-2013
Decision
This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the order dated 4th January 2013 made by the learned single Judge in CWJC No. 23273 of 2012. The matter at issue is the appointment of Assistant Teachers in the Primary Schools run by the State Government. After a long drawn litigation, the Hon’ble Supreme Court had approved a list of 34,540 candidates. It is not clear whether the appellant was one of the aforesaid 34,540 candidates on the approved list. However, he has not been appointed as an Assistant Teacher on the premise that the institution from which he had received training was not a recognized institution. His qualification being not recognized, he was not eligible for appointment as Assistant Teacher. Feeling aggrieved, he approached this Court under Article 226 of the Constitution in above CWJC No. 23273 of 2012. The learned single Judge has disposed of the Writ Petition with the observation that his objection will be considered while filling in the future vacancies. Learned counsel Mr. Shabbir Ahmad has appeared for the appellant. He has vehemently submitted that the institution Chhotanagpur Prathmik Shikshak Shiksha Mahavidyalaya, Ranchi was at the relevant time a recognized institution. The appellant had attended the course in the Academic Session 1985-1987; had taken Patna High Court LPA No.864 of 2013 (6) dt.09-12-2013 3/5 the examination given by the Bihar School Examination Board in 1988. He is thus eligible for appointment as Assistant Teacher. The appellant has, therefore, prayed for a direction to appoint him as an Assistant Teacher. Reliance is placed on the order dated 18th July 2013 made by the Hon’ble Supreme Court in a batch of applications. Mr. Shabbir Ahmad has strenuously urged that the Hon’ble Supreme Court, in paragraph 9 of the order, directed all aggrieved parties to approach the High Court individually for the relief. The appellant is, therefore, entitled to the relief prayed for. We are afraid, we are unable to agree with Mr. Shabbir Ahmad. The above referred order dated 18th July 2013 was made by the Hon’ble Supreme Court in a group of Interlocutory Applications and Contempt Petitions in the pending Special Leave Petitions preferred by various individuals. The Hon’ble Supreme Court has in no uncertain terms allowed the applicants to approach the High Court for redressal of their grievances. Further, the Hon’ble Supreme Court disposed of all proceedings (applications, Special Leave Petitions, Writ Petitions) as withdrawn and reserved “liberty to the parties to approach the High Court individually or otherwise, for relief, .…” The above referred observation and direction explicitly refer to the parties before the Hon’ble Supreme Court. It cannot be read to mean a general direction in rem affecting all applicants for the post of Assistant Teacher. It is not the case of the applicant that he was a party before the Hon’ble Supreme Court in the above referred batch of cases. In our opinion, the appellant, therefore, cannot avail of the benefit under the above referred order dated 18th July 2013. Patna High Court LPA No.864 of 2013 (6) dt.09-12-2013 4/5 However, as disclosed in the counter affidavits filed by the Bihar School Examination Board and the Staff Selection Commission, it appears that the matter is still at large before the State Government, the Bihar School Examination Board and the Staff Selection Commission. In above view of the matter, the Appeal is allowed to the extent that while reconsidering the matter at issue, the respondents will consider the objection filed by the appellant on 10th January 2012; will consider whether the above referred Chhotanagpur Prathmik Shikshak Shiksha Mahavidyalaya, Ranchi is/was a recognized institution; and whether the training certificate conferred by the said institution upon the appellant is genuine and acceptable. In the event, the respondents hold that the above referred Chhotanagpur Prathmik Shikshak Shiksha Mahavidyalaya, Ranchi was a recognized institution and that the qualification acquired by the appellant was a valid qualification, and if the appellant finds a place in the first 34,540 candidates in order of merit, the appellant be offered appointment as Assistant Teacher in a Primary School. In the event the appellant is found eligible and is appointed as Assistant Teacher, he will receive the service benefits as Assistant Teacher from the date of his appointment and not from any retrospective date. In the event, the respondent authorities hold that the aforesaid Chhotanagpur Prathmik Shikshak Shiksha Mahavidyalaya, Ranchi was at the relevant time not a recognized institution and that the qualification acquired by the appellant is not genuine or acceptable, the respondents will make a speaking order to that effect. Patna High Court LPA No.864 of 2013 (6) dt.09-12-2013 5/5 The order shall be final and binding to the parties. Such order will not give a fresh cause of action to the appellant. Interlocutory Application stands disposed of. (R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Dilip.