Nazir Hussain vs The State Of Bihar
2021 Latest Caselaw 776 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7422 of 2020
     ======================================================

Nazir Hussain Son of Md. Abbas, Resident of Village and P.O.-Sakri Saraiya, P.S.-Kudhani, O.P.-Turki, District-Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Government of Bihar, Patna.

3. The BIhar State Madarsa, Education Board, through the Examination Controller, Patna.

4. The District Programme Officer (Establishment) District Vaishali.

5. The Secretary, Block Teacher Niyojit Unit General Cum Block Development, Officer, Goraul, District Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Piyush Kumar, Advocate For the Respondent/s : Mr. Jitendra Kumar Roy, SC 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 09-02-2021 Heard learned counsel for the petitioner and learned

Standing Counsel no. 13 for the State.

The petitioner has filed the instant application for the

following reliefs :

"I. For quashing the order as contained in memo no. 2359 dated 29-11-2019 issued under the signature of respondent no. 5 whereby and whereunder the petitioner has been terminated from the service pursuant to the direction given by respondent no. 4.

ii. Also for commanding the respondents to reinstate the petitioner to the post of Patna High Court CWJC No.7422 of 2020 dt.08-02-2021

panchayat teacher of middle school Islampur, Block Goraul, District-Vishali and grant all consequential benefits to the petitioner w.e.f. the date of termination.

iii. And for any other relief(s) for which petitioner is found to entitled in view of the facts and circumstances of the case."

The case of the petitioner in brief are that pursuant to an

advertisement published for appointment of Block Teachers, the

petitioner having requisite qualification filed an application for

appointment as Block Teacher (Untrained) in the subject of

Urdu. He was selected. The petitioner was appointed by order

contained in letter no. 744 dated 28.12.2010 issued under the

signature of the Executive Officer, Block Panchayat Samiti,

Goraul and was posted in Middle School, Islampur where he

joined.

The petitioner having acquired his certificate of Molvi

from an Islamic institute namely Jamia Rahmania Hamdia

Pokhraira (Sharif) District Sitamarhi in the year 2005, he

submitted the said certificate of Molvi at the time of his

selection. Since his joining in the year 2010, he has been

discharging his duties to the satisfaction of all concerned.

The petitioner received a show cause notice dated Patna High Court CWJC No.7422 of 2020 dt.08-02-2021

3.9.2019 stating therein that the certificate having been found to

be forged, an FIR had been registered and the petitioner was

asked to file his reply to the said show cause notice. The

petitioner filed his reply as contained in Annexure 4. Whereafter

the order impugned dated 29.11.2019 was passed under the

signature of the respondent no. 5 terminating the services of the

petitioner. It is against this order that the instant writ application

has been preferred.

It is further submitted by learned counsel for the

petitioner that a counter affidavit has been filed on behalf of the

respondent no. 4 to which the petitioner has also filed a

rejoinder. It is submitted that the points raised by the petitioner

in his reply to the show cause has not been considered in the

order impugned. With respect to the merits of the case it is

submitted that from perusal of the relevant Rules of the year

2012 it would transpire that for the appointment of teachers of

Urdu in middle school it talks about the requirement of a

candidate having obtained his degree of Molvi from an institute

recognized by the Bihar Madarsa Education Board. The

petitioner having been appointed in the year 2010, would be

governed by the 2008 Rules which did not have any such

condition. As per Rule 6 of the 2008 Rules the only Patna High Court CWJC No.7422 of 2020 dt.08-02-2021

requirement was that degree holder of Molvi would be

appointed in Urdu and as per Rule 8(ka)(2) such degree holders

in Molvi would not be eligible for appointment as general

teacher.

Learned Standing Counsel no. 13 appearing for the State

submits that as per the letter dated 19.8.2019 (Annexure B) to

the counter affidavit of respondent no. 4 the institute in

question i.e. the Jamia Rahmania Hamdia Pokhraira (Sharif) not

being recognized, did not have the authority to issue mark

sheet/certificate and thus, the petitioner having obtained his

appointment on such forged certificate, an FIR has been

registered against the petitioner. It is submitted that there is no

merit in the writ application and the same is fit to be dismissed.

Having heard learned counsel for the parties and taking

into consideration the facts of the case, it transpires that it is not

in dispute that on the date the petitioner obtained his certificate

of Molvi in the year 2005 from Jamia Rahmania Hamdia

Pokhraira (Sharif) in the District of Sitamarhi, the institute in

question was not recognized. The petitioner could not have

obtained appointment as Molvi on the basis of said certificate

obtained by the petitioner from an unrecognized institute and as

such the Court finds no illegality in the impugned order dated Patna High Court CWJC No.7422 of 2020 dt.08-02-2021

29.11.2019 passed by the respondents terminating the services

of the petitioner.

There being no merit in this application, the same is

dismissed.

(Partha Sarthy, J) Prakash/-

AFR/NAFR CAV DATE Uploading Date Transmission Date