Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23196 of 2012 ====================================================== Sushila Kumari Daughter Of Badan Das And Wife Of Anil Kumar Resident Of Mohalla- Gabarapur, Post Office- Hilsa, District- Nalanda, Worked As Assistant Teacher In The Middle School Ikkil, Makhdampur Block, District- Jehanabad (Bihar) .... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Education, Government Of Bihar, Vikas Bhawan, New Secretariat, Baily Road, Patna 3. The Secretary, Bihar Karamchari Chayan Ayog, Veterinary College Campus, Patna 4. The Director, Research And Training, Director Of Education, Government Of Bihar, Patna 5. The Director, Primary Education, Government Of Bihar, Patna 6. The Regional Director, Department Of Education, Magadh Division, Gaya 7. The District Education Officer, District- Jehanabad 8. The District Programme Officer, Null District- Jehanabad 9. The Block Education Officer, Makhdumpur Block, District Jehanabad 10. The Headmaster, Middle School Ikkil, Null Makhdumpur Block, District- Jehanabad 11. The Regional Director, National Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar 12. The Member Secretary, National Council For Teacher Education, Hans Bhawan Wing- Ii, Bahadur Shah Zafar Marg, New Delhi 13. The Secretary/Principal, Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training, Village- Jogia, District- Begusarai (Bihar) .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.23770 of 2012 ====================================================== Smt. Anju Kumari Gautam D/O Sri Ram Mohan Gautam And W/O Girija Nandan Kumar Resident Of Village- Damuhan, Post Office- Saidabad, District- Jehanabad, Worked As Assistant Teacher In The Upgraded Middle School Saidabad Hindi, Kako Block, District- Jehanabad (Bihar) Versus .... .... Petitioners 1. The State Of Bihar 2. The Principal Secretary, Department Of Education, Government Of Bihar, Vikas Bhawan, New Secretariat, Bailey Road, Patna. 3. The Secretary, Bihar Karamchari Chayan Ayog Veterinary College, Campus, Patna. 4. The Director, Research And Training Director Of Education, Government Of Bihar, Patna. 5. The Director, Primary Education, Government Of Bihar, Patna. 6. The Regional Director, Department Of Education Magadh Division, Gaya. 7. The District Education Officer, District- Jehanabad. 8. The District Programme Officer, District- Jehanabad. 2 9. The Block Education Officer, Makhdumpur Block, District- Jehanabad. 10. The Headmaster, Upgraded Middle School Saidabad, Kako Block, District- Jehanabad. 11. The Regional Director, Nationa Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar. 12. The Member Secretary, National Council For Teacher Education, Hans Bhawan, Wing-Ii, I, Bahadurshah Zafar Marg, New Delhi. 13. The Secretary/ Principal, Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training, Village Jokia, District- Begusarai, Bihar. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.23499 of 2012 ====================================================== Sanjeev Kumar Singh S/O Haridwar Ram R/Ovillage- Bhelawar, Post Office- Tej Bigha, Police Station- Kako, District Nalanda, Worked As Assistant Teacher In The Upgraded Middle School Kumarkhand, Makhdampur Block, District- Jehanabad (Bihar) .... .... Petitioners Versus Director Of Education, 1. The State Of Bihar 2. The Principal Secretary, Department Of Education Government Of Bihar, Vikas Bhawan, New Secretariat, Baily Road, Patna 3. The Secretary Bihar Karamchari Chayan Ayog, Veterinary College Campus, Patna 4. The Director, Research And Training Government Of Bihar, Patna 5. The Director, Primary Education Government Of Bihar, Patna 6. The Regional Director Department Of Education, Magadh Division, Gaya 7. The District Education Officer, District- Jehanabad 8. The District Programme Officer, District- Jehanabad 9. The Block Education Officer Makhdumpur Block, District- Jehanabad 10. The Headmaster, Upgraded Middle School Kumarkhand Makhdumpur Block, District- Jehanabad 11. The Regional Director National Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar 12. The Member Secretary National Council For Teacher Education, Hans Bhawan Wing-Ii, Bahadur Shah Zafar Marg, New Delhi 13. The Secretary/Principal Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training, Village- Jokia, District- Begusarai (Bihar)
Legal Reasoning
.... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.23593 of 2012 ====================================================== Smt. Gita Kumari Daughter Of Kapildeo Paswan Resident Of Village- Daulatpur, Post Office + Police Station- South Raja Bazar, District- Jehanabad, Worked As Assistant Teacher In The Middle School New, Makhdampur Block, District- Jehanabad (Bihar).... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Education, Government Of 3 Bihar, Vikas Bhawan, New Secretariat, Baily Road, Patna 3. The Secretary, Bihar Karamchari Chayan Ayog, Veterinary College Campus, Patna 4. The Director, Research And Training, Director Of Education, Government Of Bihar, Patna 5. The Director, Primary Education, Government Of Bihar, Patna 6. The Regional Director, Department Of Education, Magadh Division, Gaya 7. The District Education Officer, District- Jehanabad 8. The District Programme Officer, District- Jehanabad 9. The Block Education Officer, Makhdumpur Block, District Jehanabad 10. The Headmaster, Middle School Ner, Makhdumpur Block, District- Jehanabad 11. The Regional Director, National Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar 12. The Member Secretary, National Council For Teacher Education, Hans Bhawan Wing-Ii, Bahadur Shah Zafar Marg, New Delhi 13. The Secretary/Principal, Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training, Village- Jokia, District- Begusarai (Bihar) .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.22206 of 2012 ====================================================== Surendra Ravidas Son Of Late Ganesh Ravidas Resident Of Village - Gandhar Math, Post Office - Bandhuganj, District - Jehanabad, Worked As Assistant Teacher In The Upgraded Middle School Jaru, Hulasganj Block, District - Jehanabad (Bihar) .... .... Petitioner Versus , Director Of Education, 1. The State Of Bihar 2. The Principal Secretary, Department Of Education, Government Of Bihar, Vikas Bhawan, New Secretariat, Baily Road, Patna 3. The Secretary, Bihar Karamchari Chayan Ayog, Veterinary College Campus, Patna 4. The Director, Research And Training Government Of Bihar, Patna 5. The Director, Primary Education, Government Of Bihar, Patna 6. The Regional Director, Department Of Education, Magadh Division, Gaya 7. The District Education Officer, District - Jehanabad 8. The District Programme Officer, District - Jehanabad 9. The Block Education Officer, Makhdumpur Block, District Jehanabad 10. The Headmaster, Upgraded Middle School Jaru, Hulasganj Block, District - Jehanabad 11. The Regional Director, National Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar 12. The Member Secretary, National Council For Teacher Education, Hans Bhawan Wing-Ii, Bahadur Shah Zafar Marg, New Delhi 13. The Secretary/Principal, Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training Village - Jokia, District - Begusarai (Bihar) .... .... Respondent/s ====================================================== 4 with Civil Writ Jurisdiction Case No.23006 of 2012 ====================================================== Indrajeet Kumar S/O Maheshwar Pawan Resident Of Village- Partapur, Post Office- Mahrama, District- Nawada Worked As Assistant Teacher In The Upgraded Middle School Gagankura, Ratnifaridpur Block, District- Jehanabad (Bihar) .... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Education, Government Of Bihar, Vikash Bhawan, New Secretariat, Bailey Road, Patna. 3. The Secretary, Bihar Karamchari Chayan Ayog Veterinary College Campus, Patna. 4. The Director, Research And Training Director Of Education, Government Of Bihar, Patna. 5. The Director, Primary Education, Government Of Bihar, Patna. 6. The Regional Director, Department Of Education, Magadh Division, Gaya. 7. The District Education Officer, District- Jehanabad. 8. The District Programme Officer, District- Jehanabad. 9. The Block Education Officer, Ratnifaridpur Block, District- Jehanabad. 10. The Headmaster, Upgraded Middle School Gagankura, Ratnaifaridpur Block, District- Jehanabad. 11. The Regional Director, National Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar. 12. The Member Secretary, National Council For Teacher Education, Hans Bhawan Wing-Ii, Bahadur Shah Zafar Marg, New Delhi. 13. The Secretary/ Principal, Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training, Village Jokia, District- Begusarai, Bihar. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.23324 of 2012 ====================================================== Mithilesh Rabidas S/O Lala Ravidas R/O Village- Shekhali (Bhorwali), Post Office- Beshmak, District- Nalanda, Worked As Assistant Teacher In The Middle School Suppi, Makhdumpur Block, District- Jehanabad (Bihar) .... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary Department Of Education, Government Of Bihar, Vikas Bhawan, New Secretariat, Baily Road, Patna 3. The Secretary Bihar Karamchari Chayan Ayog, Veterinary College Campus, Patna 4. The Director Government Of Bihar, Patna 5. The Director, Primary Education, Government Of Bihar, Patna 6. The Regional Director Department Of Education, Magadh Division, Gaya 7. The District Education Officer, District- Jehanabad 8. The District Programme Officer, District- Jehanabad 9. The Block Education Officer, Makhdumpur Block, District- Jehanabad Research And Training, Director Of Education, 5 10. The Headmaster Middle School Suppi, Makhdumpur Block, District- Jehanabad 11. The Regional Director National Council For Teacher Education, Eastern Regional Committee, Bhubaneshwar 12. The Member Secretary National Council For Teacher Education, Hans Bhawan Wing-Ii, Bahadur Shah Zafar Marg, New Delhi 13. The Secretary/Principal Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar Cum Education Training, Village- Jokia, District- Begusarai (Bihar) .... .... Respondents ====================================================== Appearance : (In CWJC No.23196 of 2012) For the Petitioner/s : M/s Rajendra Lal Das, Surya Narain Yadav & Yogendra Prasad For the Respondent no.3 : Mr. Vipin Kumar For the State : Mr Rajiv Kr. Singh, GP 2, Mr. Sanjeev Kr. Singh, AC to GP15 For the Commission : Mr. Vipin Kumar For NCTE : Mr. S.N.Pathak, Sr.SCCG, (In CWJC No.23770 of 2012) For the Petitioner/s : Mr. Rajendra Lal Das For the State : Mr. Satyam Shivam Sundram For NCTE : Mr. S.N. Pathak, SrSCCG. (In CWJC No.23499 of 2012) For the Petitioner/s : Mr. Rajendra Lal Das & Mr. Surya Narayan Yadav For the State : Mr. Jay Prakash Sharma, AC to GP XI For NCTE : Mr. S.N. Pathak, Sr.SCCG. (In CWJC No.23593 of 2012) For the Petitioner/s : Mr. Rajendra Lal Das For the State : Mr. Manoj Kr. Ambasta GP 14 For NCTE : Mr. S.N. Pathak, Sr.SCCG. Mr. Subodh Kumar & Mr. Santosh Kr. Mishra (In CWJC No.22206 of 2012) For the Petitioner/s : Mr. Rajendra Lal Das For the State : Mr. Madhuresh Prasad GP12 For NCTE : Mr. S.N. Pathak, Sr.SCCG. (In CWJC No.23006 of 2012) For the Petitioner/s : Mr. Rajendra Lal Das For the State : Mr. Prahlad Kr. Bhagat GP 13 For NCTE : Mr. S.N. Pathak. (In CWJC No.23324 of 2012) For the Petitioner/s : Mr. Rajendra Lal Das & Mr. Surya Narayn Yadav For the Respondent no.3 : Mr. Abhinay Raj, AC to GA 5 6 For the State : Mr. Aditya Nath Pandey For NCTE : Mr. S.N. Pathak, Sr SCCG. . ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 17-07-2013 Heard learned counsel for the parties. The prayer of the petitioners, in all these writ applications, is to issue a direction to the respondents for recognizing their qualification of Bachelor in Education (B.Ed) which they have obtained from Dr. Ambedkar Hindi Sanskrit Vidyapeeth, Bihar and consequently set aside their order of termination passed by the District Education Officer. Learned counsel for the petitioners had initially submitted that once the State Government of Bihar itself, through its Director, Research and Training vide letter no. 116 dated 25.5.2007 (as contained in Annexure-1/1 of CWJC no. 23196 of 2012) had granted recognition to the said Institution with effect from 1986, there would be no question of the petitioners of denying the benefit of their B.Ed degree acquired by them from the aforesaid Institution. This Court, having, noted that the State Government on 25.5.2007 could not have passed such an order in view of the provisions contained in National Council of Teacher Education Act, 1995, had directed for the personnel appearance of 7 the Director, Research and Training, for explaining as how to the said letter had been issued. Mr. A.K. Pandey, Director, Research and Training having appeared in the Court today has submitted that the aforesaid letter contained in Annexure-1/1 bearing no.116 dated 25.5.2007 is forged and, in fact, the State of Bihar has never recognized the said Institute or its B.Ed degree. In view of aforesaid stand, this Court normally would have issued notice to the petitioner for initiating a proceeding under Section 340 Cr.P.C. for swearing a false affidavit and filing forged document but learned counsel for the petitioner has submitted that the petitioner of C.W.J.C. No. 23196 of 2012 being a lady, if she had got the document from somewhere whose source she herself is not aware of, this matter should not be pursued any further. This Court, by way of grace, would condone the said lapse on the post of the petitioner inasmuch as she appears to have relied on the letter dated 25.5.2007 due to lack of her personal knowledge. None the less when this letter dated 25.05.2007 is forged, at least the Institute from which the petitioners had passed their B.Ed. examination cannot be said to have been given recognition by the State of Bihar. 8 Counsel for the petitioner next submitted that the said Institute has been given recognition by NCTE in the year 2009 and to that extent he has referred to the order of the NCTE dated 20.4.2009, as contained in Annexure-4 and therefore irrespective of the order contained in the letter dated 25.5.2007 being forged, the petitioners must be deemed to have passed their B.Ed. examination from an institute recognized by NCTE itself. In the considered opinion of this Court the aforesaid submission has to be only noted for its being rejected. From the reading of the aforementioned order dated 20.4.2009 it would appear that not only the name of the Institute therein has been described differently as "Dr. Ambedkar Hindi and Sanskrit cum Education and Training" as against the name of the institution of the petitioners being "Dr. Ambedkar Hindi Sanskrit Vidyalaya, Bihar", but the said letter of recognition has been issued on 20.4.2009 which is only prospective in operation. As a matter of fact, the said order dated 20.4.2009 would itself go to show that when the Regional Council of NCTE had rejected the application for grant of recognition to the said institution an appeal was carried and in the appeal the Appellate Committee of the NCTE has set aside the order dated 20.4.2009 of the Regional Council of the NCTE. In such a situation, even the afore mentioned named 9 institution and not the institution from which the petitioners have passed B.Ed examination, can only claim that students who had been admitted after 20.4.2009 and had completed the Course of B.Ed from the said Institute to have acquired a valid B.Ed degree for the purpose of appointment on the post of teacher. The B.Ed. degree for appointment on the post of teachers, which has been either recognized by the Government of Bihar in the period prior to the enforcement of NCTE Act has to be of such institution which were recognized by the State Government and that is how the petitioner also had sought to create an impression by relying in the letter of State Government dated 25.5.2007 (Annexure-1) which as noted has been found to be forged. The position has also changed after enforcement NCTE Act in 1995 inasmuch as now only the B.Ed. degree of only such institution are valid for appointment of Teachers in the State of Bihar who have been recognized by NCTE. Admittedly, none of the petitioners have passed their B.Ed examination from the Institution which was recognized by the Government of Bihar and again all of them passed their examination prior to 2009 and, therefore, they cannot get the benefit of the order of recognition of the NCTE dated 20.4.2009 as referred to above. 10 In that view of the matter, there will be no difficulty in holding that none of the petitioners hold the qualification laid down for the post of teacher and as such their appointment, in absence of a valid B.Ed. degree cannot be sustained. The impugned order, terminating the services of the petitioners, therefore, does not suffer from any error. That being so, all these writ applications are wholly misconceived and are, accordingly, dismissed. A.Ahmad/- (Mihir Kumar Jha, J)