CHANDRASHEKHAR DAS v. THE STATE OF BIHAR

2.The Principal Secretary, human Resources Development Department, Government of Bihar, patna. 3.Director, Primary Education,Government of Bihar,Patna. 4.The Regional Deputy Director of Education, Purnea Division, Purnea. 5.The District Superintendent of Education, Purnea. 6.The District Superintendent of Education, katihar 7.The District Superintendent of Education,Araria 8.The District Superintendent of Education,Kishanganj 9.The Principal,Government of District Education and Training Institute, Sri Nagar, Purnea. 10.The Bihar School Examination Board through its Secretary, patna. 11.The Chairman, Bihar School Examination Board,Patna. 12.The Secretary, Bihar School Examination Board, Patna. ----------- 5

27.8.2009. Heard counsel for the petitioners, the State and the counsel appearing for the Bihar School Examination Board. A cryptic counter affidavit has been fled on behalf of Bihar School Examination Board. So far State of Bihar is concerned, even though time was allowed for filing counter affidavit, it has not been filed.Considering the harassment which the petitioners are facing on account of pendency of this writ application, it is being decided without any counter affidavit of the State. Simple prayer has been made by the petitioners in 6 this writ application for directing the respondent State to fix a date for their examination of teachers training as despite completion of their course, the examination is not being held by the respondent State and the Bihar School Examination Board. Petitioners are working as untrained teachers in different schools. The State Government has made provisions for untrained teachers to undertake teachers training course at different institutes run by the State Government. As per the Government’s resolution petitioners were undergone teachers training course at District Education Training Institute, Purnea which is a government institute. In support of this contention, a list of such institutions which are the government institution as per notification dated 5.5.93 of Human Resources Development Department, Government of Bihar, has been annexed as Annexure-6. Petitioners grievance is that they were the students of Sessions 2006-07 and also filled up their forms in the year 2007 but unfortunately due to negligence of the authorities of the school, their fees in the form of draft could not be submitted within the time specified for submitting it. For this negligent act of the school authority the petitioners could not appear in the examination held in the year 2007. Counsel for the petitioners has drawn my attention towards the press communiqué issued by the Bihar School Examination Board vide Advertisement no.17 of 2007 published in Dainik Jagaran dated 28.7.2007. By this communiqué general information has been issued that the persons who have undergone 7 teachers training subsequent to 1994 from recognized government institution/ non government teachers training college, whose examination forms could not be deposited within the specified time for the examination going to be held in 2007, for them examination will be conducted within six months from the date of advertisement. However, despite this press communiqué, till date no examination has been conducted and petitioners are waiting for appearing in the examination on account of non completion of their training course, they are being deprived of their status as trained teachers and also from the monetary benefits. In the counter affidavit filed on behalf of Bihar School Examination Board in paragraph-7, it has been stated that since the institute in question is not recognized under N.C.T.E. Act 1993 and as such specific order is required from the State Government, Department of Human Resources Development, for holding the examination of the aforementioned sessions of the students of the said college. It has also been stated that in this regard letter bearing no.83 dated 16.3.2009 has been sent to Director, Research and Training Human Resources Development Department, Bihar but there is no reply on behalf of the State no counter affidavit has not been filed, as such stand of the State is unknown. Considering Annexure-6 which list of government institutions, there is no doubt that the petitioners have undergone their training from an institute which is a recognized institute run by the government, as such the statement made in 8 parapgraph 7 of the counter affidavit filed by the Bihar School Examination Board has no much relevance. Accordingly this application is being allowed directing the Bihar School Examination Board and the Director, Primary Education, Government of Bihar, Patna to conduct teachers training examination for the petitioners as well as other similarly situated students who could not appear comes within the group of students as per the press communiqué published by the Bihar School Examination Board. The Bihar School Examination Board is directed to to conduct examination within three months from the date of receipt/production of a copy of this order. All necessary arrangements which is required under the law for holding examination must be completed within this period. The Director, Research and Training, Human Resources Development Department, Government of Bihar is also directed to take all required necessary steps, for holding examination and publication of results. Sss/- (Mridula Mishra, J)