Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19102 of 2012 =================================================== Zeba Afzal Wife Of Sheikh Sayazuddin Resident Of Village Sirsi, P.S. Chainpur, District - Kaimur At Bhabhua .... .... Petitioner/s Versus Principal Secretary, 1.The State Of Bihar 2.The Department, Government Of Bihar, Patna 3.The District Education Officer, Kaimur At Bhabhua 4.The Block Development Officer, Chainpur, Kaimur At Bhabhua 5.The Block Education Officer, Chainpur, Kaimur At Bhabhua. Resources Human .... .... Respondent/s =================================================== Appearance : For the Petitioner/s:Mr. Surendra Kumar Singh with S.Hafeez Ahmad, Adv. For the Respondent/s:Mr. Gautam Bose AAG8, & Mr. Rohit Mishra, Adv. =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 26-08-2013
Legal Reasoning
Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows;- District respondent "To issue an appropriate writ, order or direction for quashing the letter no. 335 dated 30.05.2012 issued by Education Officer whereby the certificate of training issued by Jamia Urdu, Aligarh is declared as invalid and any appointment of certificate of training issued by said Jamia, Urdu Aligarh is ordered to be cancelled. basis the on To issue an appropriate writ order or direction commanding the respondents to allow the petitioner to continue on the post of Block Urdu Teacher in Upgraded Middle School Urdu Sirsi, Chainpur, Bhabhua, with all consequential benefits. Patna High Court CWJC No.19102 of 2012 (2) dt.26-08-2013 2 This Court Hon’ble may adjudicate and hold that Jamia Urdu, Aligarh is an oldest institution recognized by Government of India on 28.06.1978 and the degree awarded by said institution is valid and legal. This Hon’ble Court may further adjudicate and hold that the degree of training issued by Jamir Urdu, Aligarh which is oldest institution being valid and legal, the respondents have no authority to derecognize the degree of oldest institution."
Legal Reasoning
Mr. Surendra Kumar Singh, learned counsel appearing on behalf of the petitioner in support of the aforementioned prayer has basically relied on a judgment of the learned single judge dated 11.12.2012 passed in C.W.J.C NO. 10979 of 2012, wherein, a direction has been issued by this court as with regard to his qualification of Moallim-E-Urdu given by the Jamia Urdu, Aligarh to be a valid qualification for the post of Urdu teacher in the Primary Schools. To that extent he has also relied on an order dated 02.05.2013 issued by the Education Department in compliance of the order of this Court dated 11.12.2012 passed in C.W.J.C NO. 10979 of 2012. Mr. Gautam Bose, learned AAG-8 appearing on behalf of the State on the other hand has submitted that the same issue is the subject matter of L.P.A NO. 1712 of 2012, wherein, another order of the learned Single Judge dated Patna High Court CWJC No.19102 of 2012 (2) dt.26-08-2013 3 24.07.2012 passed in C.W.J.C NO. 12436 of 2012 has been assailed before the Division Bench and the Division Bench has not only admitted the appeal but has also passed interim order that the recognition of the said degree as also the appointment made on the basis of such degree shall remain subject to the matter of appeal. Mr. Bose, contends that the petitioner therefore cannot straightway claim continuation of her appointment in terms of either order dated 11.12.2012 passed in C.W.J.C NO. 10979 of 2012 or the consequential order issued by the Government on 02.05.2013. In the considered opinion of this Court learned counsel for both the parties are in fact intending to achieve the same object. As a matter of fact the Government has complied the order of this Court dated 11.12.2012 passed in C.W.J.C NO. 10979 of 2012, wherein, it has categorically made clear in its order dated 02.05.2013, relevant portion whereof reads as follows:- mDr rF;ksa ij foHkkxh; Lrj ij leh{kk dh xbZ vkSj leh{kksijkar foHkkx ds }kjk fuEukafdr fu.kZ; fy;k x;k gSS%& …1‰ NCTE Act ykxw gksus ds mijkUr tkfe;k mnwZ] vyhx< ls fuxZr ekSfYye&,&mnwZ dks mnwZ f’k{kd in ij fu;qfDr gsrq izf’k{k.k dh vgZrk ugha ekuk tk,xk vkSj rnuqlkj blds vk/kkj ij fu;qfDr ugha dh tk ldrh gSA …2‰ fnukad& 31-12-1996 rd mDr izf’k{k.k ;ksX;rk ;Fkk ekSfYye&,&mnwZ] tkfe;k mnwZ] vyhx<+ dks izkjafEHkd f’k{kdksa ds in ij fu;qfDr gsrq ekU;rk NCTE ds ijke’kZ ds vkyksd esa bl ’k(cid:217)kZ Patna High Court CWJC No.19102 of 2012 (2) dt.26-08-2013 4 ds lkFk nh tkrh gS fd ’kks/k ,oa izf’k{k.k funs’kky; ds Lrj ls vkgwr gksus okys ODL mode or mixed mode ds izf’k{k.k dks lacaf/kr vH;FkhZ }kjk foHkkx ls fu/kkZfjr gksus okys vf/kdre le;&lhek ds varxZr iwjk djsaxsA mDr fu.kZ; ds vyksd esa lHkh lacaf/kr i{k vko’;d dkjZokbZ djsaxsA lkFk gh] tkfe;k mnwZ] vyhx<+ m(cid:217)kj izns’k ds ifjis{; esa iwoZ esa fuxZr foHkkxh; vkns’k …Kkikad&317 fnukad&09-05-2012‰ ,oa foHkkxh; i=kad&356 fnukad&21-05-2012 mDr fu.kZ; ds lkis{k la’kksf/kr ekuk tk,xkA As would be apparent whereas the Government has not recognized the aforesaid qualification of Maullim-E-Urdu after coming into force of the NCTE Act but prior to that it has given recognition to such qualification with certain conditions. If the petitioner, therefore, also claims to have passed such examination in the year 1986 she too will be guided by the conditions incorporated in the aforesaid order of the Government dated 02.05.2013. It has to be, however, made clear that such appointment of the petitioner as Urdu teacher made on the basis of her qualification of Maullim-E-Urdu shall also be governed by the interim order dated 14.12.2012 passed in L.P.A No. 1712 of 2012, relevant portion whereof reads as follows:- Admittedly, the appellants have obtained the qualification from an institution which is not recognized by National Council for Teacher Education. Although, according to Mr. Vinod Kumar Kanth, it is recognized by the Government of India. Patna High Court CWJC No.19102 of 2012 (2) dt.26-08-2013 5 Mr. Vinod Kumar Kanth has also relied upon the observation made by the Hon’ble Supreme Court in respect of the scrutiny or verification of the testimonials. We are of the opinion that the direction to restore status quo ante would amount to issuing mandamus pending the Appeal. Unless compelling reasons such mandamus is not ordinarily issued. there are We see no compelling reasons for issuing mandamus pending the Appeal. The application is rejected. It is however, directed that any appointment of Urdu teacher made on the vacant post will be adhoc and subject to the result of such Appeal. appointment orders are made, they shall specifically mention that the appointment would be subject to the result of the Appeal. this If Therefore, this Court would direct that even if the petitioners are taken back in service or would be appointed afresh their such appointment would be subject to the result of L.P.A No. 1712 of 2012. This Court, however, would make it clear that it is for the State Government and its officials to decide that in which way and what manner the petitioner is to be restored back and/or continued in service, inasmuch as, the impugned order dated 30.05.2012 was passed by the D.E.O, Kaimur at a point of time the aforesaid Government order dated 02.05.2013 was Patna High Court CWJC No.19102 of 2012 (2) dt.26-08-2013 6 not in existence. Thus the District Education Officer, Kaimur would be under an obligation to take his fresh decision on the pending representation of the petitioner as contained in Annexure-10 to the writ application in view of the observation made in this order. With the aforementioned observation and
Decision
direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)