Md. Naushad Aalam vs The State Of Bihar
2021 Latest Caselaw 2607 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7315 of 2020
     ======================================================

1. Md. Sarwar Alam S/o Abdul Karim, R/o Village- Diyari, P.S. and District-

Araria.

2. Md. Ziaul Quamer, S/o Abdul Mojeeb, R/o Village- Gaiyari, P.S. and District- Araria.

3. Md. Jawed Ghani, S/o Abdul Mojeeb, R/o Village- Gaiyari, P.S. and District-

Araria.

4. Prasis S/o Sarbind Prasad Yadav, R/o Village and P.O.- Raghunathpur, P.S. Sahebpur Kamal, District- Begusarai.

5. Talat Shaheen, D/o Md. Ayub, R/o Village- Ramni, P.O.- Majwakalam, P.S.-

Amour, District- Purnea.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

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

4. The District Magistrate, Araria, District- Araria.

5. The District Education Officer, Araria, District- Araria.

6. The District Programme Officer, Establishment (Education), Araria, District-

Araria.

7. The Block Teacher Employment Committee, Block- Araria, District- Araria through its Secretary-cum-Block Development Officer, Araria, District- Araria.

8. The Pramukh-cum-Chairman, Block Teacher Employment Committee, Araria, Block and District- Araria.

9. The Secretary, Block Teacher Employment Committee-Cum-Block Development Officer, Araria, Block and District- Araria.

10. The Block Education Officer, Araria, Block and District- Araria.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7418 of 2020 ====================================================== Bibi Shahnaz Bano D/o Md Kabiruddin, W/o-Md Abid Hussain, Resident of Village- Vinodpur P.O.-Mirzapur, P.S.-Bounsi (Raniganj) District-Araria. At Present Urdu Teacher Middle School Bansbari, P.S.-Araria District-Araria.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Human Resource Patna High Court CWJC No.7315 of 2020 dt.24-06-2021

Development Department, Bihar, Patna.

2. The Director, Primary Education Department Govt. of Bihar, Patna.

3. The District Education Officer Araria, District-Araria.

4. District Programme Officer Establishment Araria, District-Araria.

5. The Block Development Officer Cum Secretary Block Teacher's Appointment Committee Araria, District-Araria.

6. Block Pramukh Cum Chairman Block Teacher's Appointment Committee Araria, District-Araria.

7. Block Education Officer, Araria, District-Araria.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 1344 of 2021 ======================================================

1. Md. Naushad Aalam S/o-Abul Muzaffar, R/o-Vill-Ward No.-40, P.S. and District-Araria.

2. Gulshan Ara, S/o Ashraf Ali R/o-Vill-Belwa, P.S.-Araria, District-Araria.

3. Md. Saabir S/o-Sirajuddin R/o-Vill-Gaiyari, P.S.-Araria, District-Araria.

4. Rubana Parween D/o-Md. Nasimuddin R/o-Vill-Gaiyari, P.S.-Araria, District-Araria.

5. Md. Abu Bakar S/o-Abdul Wahab, R/o-Vill-Gaiyari, P.S.-Araria, District-

Araria.

6. Md. Moshraff Reza S/o-Md. Manzourul Haque, R/o-Vill-Gaiyari, P.S.-

Araria, District-Araria.

7. Azra Roohi D/o-Md. Abuzar, R/o-Vill-Gaiyari, P.S.-Araria, District-Araria.

8. Md. Asad Aalam S/o Zubair Alam R/o-Vill-Gaiyari, P.S.-Araria, District-

Araria.

9. Nusrat Jahan D/o Abdurrab, R/o-Vill-Majgama, P.S.-Araria, District-Araria.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Primary education, Govt. of Bihar, Patna.

4. The District Education Officer Araria.

5. The District Programme Officer (Esstt.), Araria.

6. The Block Development officer-Cum-Member Secretary, Block Education Employment Committee, Araria.

7. The Block Education Officer, Block-Araria, District-Araria.

8. The Pramukh-Cum-Chariman, Block Education Employment Committee, Araria, Block Araria, District-Araria. Patna High Court CWJC No.7315 of 2020 dt.24-06-2021

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

(In Civil Writ Jurisdiction Case No. 7315 of 2020) For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP-27 (In Civil Writ Jurisdiction Case No. 7418 of 2020) For the Petitioner/s : Mr. Md. Ziaul Quamar, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP-27 (In Civil Writ Jurisdiction Case No. 1344 of 2021) For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 24-06-2021

The matter has been heard via video

conferencing.

2. Heard the parties.

3. The petitioners have approached this Court for

setting aside letter No. 705 dated 02.06.2020 issued by

the District Education Officer, Araria whereby the

petitioners have been removed from the service.

4. The formal plea of the petitioners in the

present set of writ petitions is that they have been

validly appointed against the vacancies notified in 2008

pursuant to the order passed by the District Teachers

Employment Authority.

5. Mr. Rajeev Kumar Singh, learned counsel Patna High Court CWJC No.7315 of 2020 dt.24-06-2021

appearing on behalf of the petitioners vehemently

argued that the District Teachers Appellate Authority has

passed the order in light of the order passed in C.W.J.C.

No. 975 of 2016 on 26.09.2018. For ready reference

the order dated 26.09.2018 passed in C.W.JC. No. 975

of 2016 is quoted below:-

"The learned counsel for the petitioners submits that the case of the petitioners are pending before the District Teachers' Appellate Authority, Araria, hence, a direction be issued to the said authority for disposing of the appeal of the petitioners.

In view of the limited prayer of the petitioners, the present writ petition is disposed of as withdrawn with a direction to the District Teachers' Appellate Authority, Araria to dispose of the pending appeal of the petitioners within a period of six months from today."

6. During the course of hearing, it transpires that

the District Teachers' Appellate Authority has passed the

order in appeal preferred after the order dated

26.09.2018.

7. It is true that in the appeal, there is reference Patna High Court CWJC No.7315 of 2020 dt.24-06-2021

that these appellants have taken the plea that in 2011,

they have approached the District Teachers' Appellate

Authority but that was not entertained. However, neither

appeal number was mentioned in the writ petition nor

the District Teachers' Appellate Authority indicated that

any such appeal number was registered and appeal

number was issued. The order of appointment of

petitioners indicates that in light of a direction passed in

C.W.J.C. No. 975 of 2016, letter has been issued to

appoint the petitioners.

8. It is made clear that there is no such

adjudication or direction passed by the Writ Court in

C.W.JC. No. 975 of 2016.

9. It is to be noted that the qualified eligibility

condition for appointment of teachers has been amended

in 2012 and after amendment in the eligibility

condition/change in the eligibility condition, the selection

process of candidates of unfilled vacancies is to be as

per the new rules, but on the special plea of pending Patna High Court CWJC No.7315 of 2020 dt.24-06-2021

appeal and observation of this Court in C.W.J.C. No. 975

of 2016, the District Teachers Appellate Authority has

issued a direction for appointment. Although, it has been

held by this Court in several proceedings that the District

Teachers Appellate Authority has absolutely no authority

to issue any positive direction for appointment.

10. Be that as it may, the direction of the

District Teachers Appellate Authority cannot override the

statutory requirement of passing TET as per the

requirement of 2012 amended rules and any

appointment pursuant to the direction of any authority

after the change in rule is nullity in the eyes of law.

11. The only submission which the Court finds

substance in the present case is the submission of Mr.

Rajeev Kumar Singh that petitioners have not been

provided opportunity of hearing before passing the order

impugned.

12. In the facts and circumstances, the writ

petition is disposed off with a direction to the Patna High Court CWJC No.7315 of 2020 dt.24-06-2021

respondents to pass fresh order after providing

opportunity of hearing to the petitioners within a

maximum period of three months from the date of

receipt/production of a copy of this order.

13. It is made clear that the issue of payment of

arrears and salary shall depend upon the fresh decision

by the respondent authority in accordance with law and

in view of the above, the order impugned shall not be

given effect to.

14. With the aforesaid observation/direction, the

writ petition stands disposed off.

(Anil Kumar Upadhyay, J) Shageer/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          30/06/2021
Transmission Date       N/A