Patna High Court
Surendra Prasad vs The State Of Bihar on 24 June, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.941 of 2019
In
Civil Writ Jurisdiction Case No.10239 of 2014
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Surendra Prasad Son of Sri Sadhu Prasad resident of Mohalla-Dumduma, P.S-
Daudpur District- Saran.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Human
Resources, Government of Bihar, Patna
2. The Director, Primary Education, Bihar, Patna
3. The Regional Deputy Director of Education, Saran Division, Saran
4. The District Education Officer, Saran
5. The District Programme Officer, Primary Education, Saran
6. The Block Education Extension Officer, Garakha, Saran
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Rajesh Mohan, Advocate
For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG-15
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 24-06-2023
1. Heard learned counsel for the writ petitioner-
appellant and learned counsel for the respondents.
2. The instant appeal has been preferred against the
judgment dated 10.7.2018 passed in CWJC no.10239 of 2014.
The appellant has also filed an application (I.A. no.1 of 2020)
for condonation of delay of 394 days in filing of the instant
appeal.
I.A. no.1 of 2020
Patna High Court L.P.A No.941 of 2019 dt.24-06-2023
3. The instant application has been filed by the
appellant praying for condonation of delay of 394 days in filing
of the appeal against the judgment dated 10.7.2018 of the
learned Single Judge dismissing the writ application.
4. Having heard learned counsel for the parties and
having perused the contents of the application filed, the Court is
satisfied that the appellant has made out a case for condoning
the delay in filing of the instant appeal.
5. The delay is condoned.
6. I.A. no.1 of 2020 is allowed.
L.P.A. no.941 of 2019
7. The facts relevant for the instant appeal are that
pursuant to Advertisement no.210 of 2010 published by the
Bihar Staff Selection Commission, Patna for selection of
Assistant Teachers in Primary Schools, the appellant made an
application and was appointed as an Assistant Teacher. He was
posted in a Middle School in the district of Saran on 16.12.2012
and started working as an Assistant Teacher.
8. According to the case of the appellant the B.Ed.
degree was obtained by him from an institution which was
recognized by the Government of Uttar Pradesh. He obtained
his degree for the examination conducted in the year 1993 from
Patna High Court L.P.A No.941 of 2019 dt.24-06-2023
the 'Rashtriya Patrachar Sansthan, Kanpur'. It further transpires
from the record of the writ application that Bachelor of
Education (B.Ed.) degree given by the 'Rashtriya Patrachar
Sansthan, Kanpur' is not recognized by the State Government
for the purpose of appointment as teacher in schools and as
such, by order contained in Memo no.230 dated 8.2.2012, the
appointment of the appellant as an Assistant Teacher in the
Middle School was set aside with immediate effect and the same
was communicated to the appellant by order contained in Memo
no.4359 dated 29.12.2012. The appellant challenged the
order/communication dated 29.12.2012 in the writ application
which was dismissed by the judgment impugned dated
10.7.2018.
9. It may be stated here that a copy of the
Advertisement no.210/2010 was brought on record as
Annexure-1 to the writ application. Clause (5) of the said
advertisement provides for the educational qualification
required by an applicant. Clause 5(ii) of the advertisement
provides that prior to 1995, the applicant should have obtained a
two year B.Ed. degree from an institution recognized by the
State and after 1995, a two year Teacher training diploma or
B.Ed. from an institution recognized by the National Council for
Patna High Court L.P.A No.941 of 2019 dt.24-06-2023
Teacher Education ('NCTE' in short). The case of the appellant
is that the institution from which he obtained the B.Ed. degree
was prior to coming of the NCTE Act and the said degree was
from an institution recognized by the Government of Uttar
Pradesh. As such, the learned Single Judge erred in not allowing
the case of the appellant.
10. Having heard learned counsel for the parties and
having perused the material on record, it transpires that the
order impugned in the writ application categorically states that
the institution from which the appellant has obtained his two
years B.Ed. degree ie from 'Rashtriya Patrachar Sansthan,
Kanpur' is not recognized by the State Government for the
purpose of appointment as a teacher in school. Even as per
Clause 5(ii) of the Advertisement no.210/2010, for those
applicants who obtained their B.Ed. degree prior to 1995, it was
required that the said degree of B.Ed. should be recognized by
the State Government. The order impugned clearly shows that
the said condition is not satisfied by the degree obtained by the
appellant.
11. Learned Single Judge while considering the case
of the appellant has taken note of the fact that selection of
teachers in response to the aforesaid Advertisement no.210/2010
Patna High Court L.P.A No.941 of 2019 dt.24-06-2023
was under consideration by the Division Bench of this Court in
LPA no.1712 of 2012 which was decided on 28.11.2017. The
Division Bench held therein that the appointment of 34540
Assistant Teachers was subject to verification of the academic
and training certificates and on verification, if the certificates
are not found proper and on that basis order of termination has
been passed, such decision does not warrant any interference.
12. Taking note of the said judgment as also the ratio
of the judgment of the Hon'ble Supreme Court in Canara Bank
vs. V.K.Awasthy [(2005)6 SCC 321], the learned Single Judge
not finding any merit in the writ petition dismissed the same.
13. In view of the facts stated herein above, this Court
finds no illegality in the order of the learned Single Judge, no
merit in the instant appeal and as such, the appeal is dismissed.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Saurabh/-
AFR/NAFR
CAV DATE
Uploading Date 28.06.2023
Transmission Date
