Nilam Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 4940 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3360 of 2017
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Nilam Kumari, wife of Shri Baskit Nath Sharma, resident of Village- Dilawarpur (East), P.O.- Bidupur Bazar, P.S.- Bidupur, District- Vaishali.

... ... Petitioner Versus

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

2. Director, Primary Education, Bihar, Patna.

4. District Magistrate, Vaishali.

5. District Education Officer, Vaishali.

6. District Programme Officer (Establishment) Vaishali.

7. Executive Officer-cum-Block Development Officer, Bidupur, District-

Vaishali.

8. Block Employment Committee, Bidupur through the Executive Officer-

cum-Block Development Officer, Bidupur, District-Vaishali.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava, Advocate For the Respondent/s : Mr. Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 26-09-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

2. The petitioner in the present writ application is

seeking the following reliefs:-

"(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the office order dated 15.11.2016 (Annexure-11) issued by respondent No. 6, by which in furtherance of the directions taken by the Block Employment Committee, Bidupur during its meeting held on 14.11.2016, the services of the petitioner in the capacity of Block Teacher at upgraded Middle School, Bidupur Dih (Bidupur) in the District of Vaishali has been cancelled.

Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to refrain from giving effect to the directions contained under the office order dated 15.11.2016 issued by the Executive Officer-cum-Block Development Officer, Bidupur, District- Vaishali.

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities in the office of the Executive officer-cum-Block Development Officer, Bhagalpur in the District of Vaishali (Teachers Employment Cell) to allow the petitioner to continue in the capacity of Block Teacher at Upgraded Middle School, Bidupur Dih, Bidupur pursuant to her employment as such in accordance with law along with all the consequential benefits.

(iv) Any other relief(s) that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

Case of the Petitioner

3. It is the case of the petitioner that she was a student of

Non-Government Primary Teacher's Training College, Balughat,

Muzaffarpur of the Basic Teacher's Training course during the

Academic Session 1985-87. The Basic Teacher's Training

examination was conducted by the Bihar School Examination

Board (hereinafter referred to as the 'Board') and she was declared

to have passed the said examination in 1st Division. The Board

issued a certificate dated 05.01.1993 as contained in Annexure '2'

to the writ application.

4. In the year 2006, the process for appointment of

Teachers in different schools within the State of Bihar was

commenced. The then Home Resource Development Department, Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

Bihar, Patna wrote letter dated 18.09.2006 to all the District

Education Officers, District Superintendents of Education and

Sub-Divisional Education Officers within the State of Bihar to

inform them the general directives and guidelines to be followed

while making appointments in different primary, middle,

secondary and senior secondary schools in the State of Bihar.

5. Referring to the letter dated 30.11.2006 (Annexure '5'

to the writ application), the petitioner contends that vide the said

letter, the then District Education Officer had clearly indicated that

for the Academic Session 1983-85 to 1986-88, examination of

which were conducted on 20.09.1988 was recognised and the

examination had been conducted with the permission of the State

Government. The concerned Department of the State Government

had also issued letter dated 30.11.2006 by which all the District

Superintendents of Education and other authorities were directed

to take steps in furtherance of a direction contained in the letter

dated 18.09.2006 (Annexure '4').

6. It is the case of the petitioner that she was appointed

as Panchayat Teacher in the Government Primary School, Bidupur

in the District of Vaishali vide Letter dated 15.11.2007 as

contained in Annexure '7' to the writ application. She joined there

and when she was continuously discharging her duties in the Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

capacity of Block Teacher at Upgraded Middle School, Bidupur,

all of a sudden vide letter dated 01.08.2016 issued by the Office of

the Executive Officer-Cum-Block Development Officer, Bidupur,

she was directed to furnish explanations as to why the State should

not take steps for relieving her from the post of Block Teacher in

view of the letter dated 26.02.2013 issued by the concerned

authorities under the Education Department of the State of Bihar.

7. Learned counsel submits that vide letter dated

20.09.2016 issued by the concerned authorities once again the

petitioner was directed to furnish explanation which was complied

with by the petitioner vide Annexure '10' to the writ application.

The Executive Officer-cum-Block Development Officer, Bidupur,

however, issued the impugned office order dated 15.11.2016

(Annexure '11') by which the service of the petitioner has been

terminated on the ground that she was not having a valid teacher's

training certificate for the purpose of employment/appointment.

The appointment of the petitioner was, thus, cancelled vide office

order dated 15.11.2016 as contained in Annexure '11' to the writ

application.

Submission on behalf of the Petitioner

8. Mr. Abhinav Srivastava, learned counsel for the

petitioner has assailed the impugned order on various grounds. It is Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

submitted that some of the teachers similarly situated with the

petitioner had moved this Court in CWJC No. 4506 of 2016 and

CWJC No. 3932 of 2016. In their cases, this Court passed a

judgment dated 04.10.2016 whereby the order of termination of

the services of such persons were quashed after holding that they

possessed valid teacher's training certificate. Subsequently, by an

office order dated 22.11.2016 (Annexure '12'), the services of

those persons were restored along with all consequential benefits.

9. The petitioner submitted a representation dated

24.11.2016 as contained in Annexure '13' to the writ application

but the same was not considered. It is contended that on bare

perusal of the judgment passed by this Court in CWJC No. 4506 of

2016, it would appear that the Departmental Letter No. 108 dated

26.02.2013 was placed before the Hon'ble Court with the counter

affidavit filed on behalf of the Respondent No. 5 and the same was

part of the records which were under consideration, however, the

learned Writ Court did not accept the same and proceeded to pass

an order. It has been held that the State Counsel was not able to

counter the position existing at Annexure '3' as well as the fact

that the certificate was issued to the petitioners by the Bihar

School Examination Board certifying their qualification of passing Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

of teacher's training examination and the said certificates had not

been interfered with.

10. Learned counsel submits that the judgment of this

Court in CWJC No. 4506 of 2016 and CWJC No. 3932 of 2016

were subject matter of the LPA No. 1310 of 2017 and 1309 of

2017 respectively. The Hon'ble Division Bench of this Court

having heard learned counsel for the parties found no reason to

interfere with the judgment of the learned Writ Court. The

submission of learned counsel for the petitioner is that this case

would be squarely covered by the judgment of this Court in CWJC

No. 4506 of 2016 which is a judgment of learned Co-ordinate

Bench of this Court.

Stand of the State

11. Learned counsel for the State submits that since the

result was published subject to outcome of the decision of

Government, and now the Government has not recognized the

institution, a certificate will be deemed to have become invalid.

Consideration

12. Having heard learned counsel for the petitioner and

the State, what has ultimately transpired from the records is that

this petitioner was a student of the Teacher's Training College in

question and her examination was conducted by the Board as also Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

the result was published subject to the outcome of the decision of

the State Government with regard to the recognition to the college

in question. Although, Annexure 'A/1' mentions a departmental

letter No. 278 dated 24.06.1992 by which the State Government is

said to have refused to grant recognition to the college in question,

the fact remains that the result which was published had never

been cancelled. Instead the District Education Officer in his

communication dated 30.11.2006 as contained in Annexure '5' to

the writ application directed all the Block Development Officers,

Block Education Extension Officers and Panchyat Secretary of the

Gram Panchyat that the examination of this college for the

Academic Session 1983-85 to 1986-88 conducted on 20.09.1988 is

recognized. It is because of this communication, the Employment

Units proceeded to consider the certificate provided by the

petitioner for purpose of employment. The petitioner was

appointed in the year 2007 but after about 9 years, she was served

with a show cause and thereafter, she has been terminated on the

ground that she did not possess a valid certificate.

13. To this Court, it appears that the issues regarding

validity of the certificate of the petitioner is no longer open for

consideration afresh by this Court in view of the judgment of the

learned Co-ordinate Bench of this Court in CWJC No. 4506 of Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

2016 which has not been interfered with by the Hon'ble

Division Bench in LPA No. 1309 of 2017. In fact, this Court

has been informed that the respondents have complied with

the judgment of the learned Co-ordinate Bench of this Court

in CWJC No. 4506 of 2016 and LPA No. 1309 of 2017 by

issuing a consequential office order as contained in Memo

No. 4430 dated 22nd November, 2016. A perusal of this office

order of compliance as contained in Annexure '12' would

show that this office order is absolute and is not a conditional

order.

14. Learned counsel for the State, at this stage,

submits that the respondents have preferred a Civil Review

Application No. 108 of 2021 in LPA No. 1310 of 2017.

15. Learned counsel for the petitioner, however,

submits that the Review Application has been filed after 3

years and even prior to filing of the LPA, the consequential

office order had already been issued.

In fact, it would appear from Annexure '12' that the order

of the learned Co-ordinate Bench was complied with even

before the filing of the letters patent appeal by the State of

Bihar.

Patna High Court CWJC No.3360 of 2017 dt.26-09-2023

16. In the circumstances, this Court finds that at this

stage, the case of the petitioner is covered by the judgment of

learned Co-ordinate Bench of this Court in CWJC No. 4506 of

2016 and CWJC No. 3932 of 2016, hence, the impugned order

is set-aside.

17. This writ application is allowed. The petitioner shall

be reinstated in service like the petitioners in CWJC No. 4506 of

2016 and CWJC No. 3932 of 2016 with all consequential benefits.

(Rajeev Ranjan Prasad, J) SUSHMA2/-

AFR/NAFR
CAV DATE
Uploading Date          27.09.2023
Transmission Date