Gunjan Kumari vs The State Of Bihar And Ors
2021 Latest Caselaw 5217 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.4395 of 2019
     ======================================================

Gunjan Kumari D/o Gopal Kumar r/o Village-Makudumpur,P.S. Alipur,Dist.- Gaya

... ... Petitioner/s Versus

1. The State of Bihar through District Magistrate,Gaya

2. District Education Officer, Gaya

3. District Programme Officer, Gaya

4. Block Education Officer, Tekari Block,Gaya

5. Principal District Education and Training Institute,Gaya

6. Ajoy Kumar Singh, S/o Raj Nandan Singh, R/o Village-Rupaspur, P.S. Alipur, Dist.-Gaya

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. S.K. Ranjan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 15-11-2021 Heard Mr. Ashok Kumar, learned Advocate for the petitioner and Mr. S.K. Ranjan, learned AC to GP-17 for the State.

This writ petition has been filed challenging the appointment of respondent no. 6 as Co-ordinator, Sankul Sansadhan Centre (CRCC), Makhdumpur within Block- Tekari in the District of Gaya.

It is the case of the petitioner that she along with four other candidates had submitted on-line application for their selection on the said post. The appointment of respondent no. 6 on the said post was, according to the petitioner, in derogation of the rules and guidelines framed Patna High Court CWJC No.4395 of 2019 dt.15-11-2021

in that regard. The petitioner has higher marks than the respondent no. 6 but for reasons unknown to the petitioner, the respondent no. 6 was appointed.

When this writ petition was filed, an objection was raised by the State that the claim of the petitioner was not entertainable on the ground that the petitioner had a M.A. (History) certificate from Madurai Kamraj University under the Directorate of Distance Education Study Centre, Gaya and according to the Public Notice No. 27-1/2012(CPP-11) of the UGC, a private University is not permitted to open study centre outside the campus. Thus, since the M.A. degree of the petitioner was not accepted to be a valid degree, the petitioner was not appointed as CRCC.

Learned counsel for the petitioner has challenged the aforesaid assertion of the State and has brought on record a reorganization chart of the Universities/Institutions which have been permitted for offering programmes through distance mode and in that chart, the name of Madurai Kamraj University stands at Serial No. 160.

Now, with that controversy having been resolved, learned counsel for the State submits that by a decision of the Government, the entire scheme of posting of Teachers as Co-ordinators of Sankul Sansadhan Centre (CRCC) has been abolished and all such persons who were appointed Patna High Court CWJC No.4395 of 2019 dt.15-11-2021

on such posts have been relieved from that responsibility and have been sent back to their respective parent schools.

In that view of the matter and taking that decision into account, no useful purpose would be served in continuing with this litigation.

As such, the petitioner now does not press this application but only expects that such an objection in future shall not be taken with respect to the validity of a degree of M.A. by a private University through distance mode.

With the aforesaid observations, the writ petition stands disposed off.

(Ashutosh Kumar, J)

krishna/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.11.2021
Transmission Date