Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22187 of 2011 ====================================================== Anil Kumar Singh Son Of Sri Ram Nageena Singh Resident Of Village , Post Office And Gram Panchayat - Akorhi, Police Station And Block - Mohania, District - Kaimur At Bhabhua .... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Human Resources Development , Government Of Bihar, Patna 3. The Member District Teachers Appointment Appellate Authority Kaimur At Bhabhua 4. The Director, Primary Education, Department Of Human Resources Development, Government Of Bihar, Patna 5. The District Magistrate Kaimur At Bhabhua 6. The District Education Officer Kaimur At Bhabhua 7. The District Program Officer Establishment , District Kaimur At Bhabhua 8. The Block Development Officer Mohania, District - Kaimur At Bhabhua 9. The Block Education Officer Mohania, District - Kaimur At Bhabhua 10. The Mukhiya/Panchayat Secretary Of Akorhi Gram Panchayat, Police Station And Block - Mohnia, District Kaimur At Bhabhua 11. Manok Kumar Mishra Son Of Surendra Mishra Resident Of Village - Baijnath, Police Station - Ramgarh, District - Kaimur At Bhabhua
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Roy For the Respondent/s : Mr. Rajendra Kr. Jha GP18 For the respondent 11 : Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 09-04-2013 The petitioner prays for quashing of the order dated 1.10.2011, passed in Appeal no. 278 of 2010 by the Member, District Teachers Appointment Appellate Authority, Kaimur at Bhabua by which his appointment was cancelled and respondent no.11 has been directed to be appointed in his place treating his (respondent no.11) Intermediate vocational degree to be at par with General Intermediate degree. The petitioner having Intermediate qualification from Patna High Court CWJC No.22187 of 2011 (4) dt.09-04-2013 2/5 Bihar Intermediate Education Council, Patna in the year 1995 applied for the post of Panchayat Teacher in General(Male) category under Panchayat Akhori. However, the Gram Panchayat Niyojan Samiti appointed respondent no.11 vide order dated 23.1.2007. The petitioner filed representation before the Block Development Officer, Mohania as also to the District Magistrate, Kaimur at Bhabua. Petitioner’s case is that he got 734 marks out of 1100 in Intermediate including the optional subject Biology. After deducting the marks obtained in optional subject, the aggregate secured by him was 600 out of 900. An enquiry was ordered and the Committee submitted its report on 14.7.2007. The Gram Panchayat on basis of the report dated 14.7.2007 and letter dated 14.9.2007 of District Superintendent of Education cancelled the appointment of respondent no.11 and appointed the petitioner against the post of Panchayat Teacher in Male category in Akhorhi Gram Panchayat. Respondent no.11 filed C.W.J.C.No. 1680 of 2008 which was disposed of on 20.9.2010 with liberty to move the Appellate Tribunal. Thereafter respondent no. 11 filed Appeal no. 278 of 2010. The Appellate tribunal while treating the Intermediate Vocational course certificate obtained by respondent no.11 from Secondary Education Council, Uttar Pradesh to be equivalent to Regular Intermediate course obtained from Bihar Intermediate Patna High Court CWJC No.22187 of 2011 (4) dt.09-04-2013 3/5 Education Council, vide his order dated 1.10.2011 directed for appointment of respondent no.11 in his place. The petitioner assails the said order in this writ application. He submits that the Intermediate vocational course from Uttar Pradesh cannot be compared at par with General Intermediate course under the Bihar Intermediate Education Council. He submits that the total marks allotted for regular subject under Secondary Education Council, Uttar Pradesh is hardly 200 marks, whereas 800 marks are allotted for vocational papers. Respondent no.11 secured 83 marks for Hindi and History subjects and 594 for Vocational papers. He further refers to Letter no. 4240 dated 15.11.2007 issued by the Principal Secretary, Education, Government of Bihar, wherein it has been clarified that giving recognition to Intermediate course as equivalent to Intermediate vocation course is one thing but for the purpose of appointment, equivalency of said certificate is another thing. In the letter, the Principal Secretary observed that the Vocational course and the U.P. Shastri course cannot be treated at par with General Intermediate course, which is mandatory for appointment against the post of teachers. Counsel for the State and respondent no.11 submitted that the State Government vide Letter dated 30.4.2007 as well as Bihar Intermediate Education Course vide letter dated 4.9.2007 held that Intermediate Vocational course was equivalent to Patna High Court CWJC No.22187 of 2011 (4) dt.09-04-2013 4/5 General Intermediate course for the purpose of recruitment of Panchayat teacher. They submit that this Court in case of C.W.J.C.No. 10203/2007 heard analogous with batch of cases disposed of on 21.8.2008 observed that Intermediate qualification in Vocational course was equivalent to Regular Intermediate course. An appeal bearing LPA No. 600 of 2008 against the same was also dismissed on 19.8.2008. The relevant extract of order dated is quoted herein below – 30.4.2007 and of “There was a decision of the respondents themselves dated the Bihar Intermediate Council dated 4.9.2007 that Intermediate qualification in a vocational course was equivalent to that in a regular Intermediate Course. The orders of termination were then set aside by this Court of similarly situated persons in C.W.J.C.No. 1631/07 on 18.4.2007. The State thought it prudent to question the same in Civil Review No. 146 of 2007 which also came to be rejected on 30.4.2008. L.P.A.No. 600/08 against the same was also dismissed on 19.8.2008. In the in C.W.J.C.No. meantime, against 1631/2000 another L.P.A. was preferred by the State numbered as 538/08 which was also dismissed on 19.8.2008. Following the decision in C.W.J.C.No. 1631/07 similar orders were passed in C.W.J.C.No. 4878/07 and analogous cases on 19.2.2008 against which L.P.A.No.469 of 2008 was dismissed on 18.7.2008.” the decision This Court vide order dated 3.11.2010, passed in C.W.J.C.No. 15277/2010 reiterated the same stand. Counsel for the petitioner submits that Letter No. 4240 dated 15.11.2007 issued by the Principal Secretary, Government of Bihar, Bihar contained in Annexure 11 was never placed before Patna High Court CWJC No.22187 of 2011 (4) dt.09-04-2013 5/5 this Court which did not treat that qualification of Intermediate in vocational course at par with General Intermediate course, for the purposes of appointment to the post of teachers. Respondent no.11 submits that in any view of the matter he was appointed in the year 2007 at which time Intermediate was not an essential qualification for appointment to the post of teacher. The said qualification was added only through amendment in August, 2008. In view of different orders of this Court holding that Intermediate vocational course is equivalent to General Intermediate course even for the purpose of appointment as Panchayat Teacher. I am not inclined to grant any positive direction. However, if the petitioner files a representation before the Appellate Tribunal, the same would be disposed of after hearing the other side within four months from the date of its receipt.
Decision
The writ petition is disposed of. Shashi. (Samarendra Pratap Singh, J)