Patna High Court
Jyoti Priya vs The State Of Bihar on 5 August, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1789 of 2020
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Jyoti Priya D/o Prahlad Pandey, resident of - Defence Colony, Sahpur, P.o.-
Daudpur, P.s.- Danapur Cant, Dstrict- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna
2. The Principal, Secretary Education Department, Govt. of Bihar, Patna
3. The Director, Secondary Education Department, Govt. of Bihar, Patna
4. The Regional Deputy Director of Education, Magadh, District- Gaya
5. The District Education Officer, Arwal, District- Arwal
6. The District Programme Officer (Establishment), Arwal, District- Arwal
7. The Deputy Development Commissioner-cum-Chief Executive Officer cum
Member Secretary, District Board Higher Secondary Teacher Employment
(2012), Arwal, District- Arwal
8. The Chairman, District Board Arwal, District- Arwal
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh, Adv.
For the Respondent/s : Mr.Madhaw Prasad Yadaw, GP-23
Mr. Arvind Kumar, A.C. to GP-23
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 05-08-2024
Heard learned counsels for the parties.
2. By filing the present writ application, the petitioner has
prayed for the following reliefs:
(i) For issuance of an appropriate writ in the
nature of Mandamus commanding and
directing the respondent Authorities to accept
the joining of the petitioner in view of the
appointment letter issued vide letter no. 134
dated 18.02.2014 keeping in view of Memo No.
894 dated 28.05.2019 which has been issued in
compliance of order of the Hon'ble Supreme
Court passed in SLA (C) No. 139/15 dated
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
2/9
18.01.2019
and post the petitioner in
secondary school as secondary school teacher,
since the petitioner was restrained from joining
mere on the reason that she has acquired B.Ed.
Degree from the institution situated in Jammu
& Kashmir.
(ii) For issuance of an appropriate writ in the
nature of Mandamus commanding and
directing the respondent Authorities to count
the service of the petitioner w.e.f 12.04.2017 in
view of Memo no. 894 dated 28.05.2019 for all
purposes including consequential benefits
because due to oblique motive of the
respondents concerned the petitioner is still
struggling for justice and further a direction to
the respondent to not disturb the petitioner
after posting in secondary school in
discharging duty, payment of salary etc,. mere
on the reason that he has acquired B.Ed degree
from the institution which is situated in Jammu
& Kashmir.
(iii) For issuance of any other appropriate
writ/writs, order/ orders, direction/directions
for which the writ petitioner shall be found
entitled under the facts and circumstances of
the case.
3. The fact, in brief, is that the petitioner is aspirant for
being appointed on the post of teacher in the Secondary Schools
of the State of Bihar. She claim to be the resident of State of
Bihar and is said to have acquired degree of B.Ed. from
University of Jammu & Kashmir (hereinafter referred to as
J&K) in the year 2012 and certificate to the same was issued on
21.03.2013. Further, she appeared in the Secondary/Senior
Teachers Eligibility Test (BSITET) 2011 and was declared
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
successful. Thereafter an advertisement was issued in the year
2013 for the purpose of appointment in different secondary
school under District Board Arwal and petitioner had filed the
application for appointment on the post of teacher in terms of
the advertisement for subject of Economics. A merit list was
prepared and after counselling, a list of selected candidates was
published, in which name of the petitioner is reflecting, since
the petitioner was bonafide candidate with 66.84 merit marks
and coming under the zone of appointment, she participated in
the counselling and declared successful. After completion of all
the formalities, an appointment letter was issued vide Memo
No. 134 dated 18.02.2014, but her joining was not accepted on
mere ground that B.Ed. certificate of the petitioner was from the
institute situated in J&K.
4. Learned counsel for the petitioner submits that the
petitioner placed representation before Principal Secretary
Education Department and respondent no.5 on 17.03.2017 and
22.12.2017, respectively for consideration of her claim for
joining as Secondary school teacher, but no action was taken
thereupon.
5. Learned counsel further submits that the issue
regarding validity of the certificate of B.Ed. from colleges
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
situated in J&K was under consideration before this Court and
for that a writ application bearing CWJC No. 7135/2013 was
filed and after hearing the parties, this Court had passed interim
order that the candidates who have acquired B.Ed. degree from
the institute situated in J&K would participate in the selection
process and post would be kept reserved till final disposal, but
ultimately the writ was dismissed vide order dated 14.03.2014.
6. Against the order dated 14.03.2014, LPA No. 721/2014
was filed by the various candidates, but the Division Bench
refused to interfere in the order passed by the Single Bench and
finally the said L.P.A. No. 721/2014 was dismissed.
7. Having no alternative, SLA(c) No. 139/2015 was filed
before the Apex Court by the candidates. After hearing the
parties, the Hon'ble Apex Court passed order on 18.01.2019 and
held that
"The Government has decided to give
the benefit to the persons, who are in
employment and those who have to be
employed.
Let similar treatment be meted out to
those who are similarly situated."
8. In compliance of the order of the Hon'ble Apex Court,
the Deputy Secretary Education Deptt. Govt. of Bihar issued a
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
letter contained in letter no. 894 dated 28.05.2019
communicating to all the concerned authorities to issue
appointment letter to the candidates whose selection process
was completed but appointment letter was not issued or the
same was kept reserved. It has further been directed that the
teachers, who have appointed prior to 12.04.2017 their service
will be counted from 12.04.2017 with consequential benefit
thereupon.
9. It is also important to state here that in compliance of
the interim order of this Court, the State Government vide letter
no. 647 dated 18.04.2013 and subsequently letter no. 893 dated
13.06.2013 issued by the Director, Secondary Education
communicated to all concerned respondents to keep the post
vacant for the candidates, who have acquired B.Ed. Degree from
the institution situated in J&K. The same was even
communicated to all recruitment units.
10. After passing of the order of the Apex Court and
notification issued by the State Govt. vide Annexure-5, repeated
representations have been given to the concerned authorities on
different dates with a request to comply the order of the Apex
Court and to grant the benefit which is permissible under the
law.
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
11. Learned counsel for the petitioner further submits that
the entire selection process was completed in the year 2014 and
candidates other than B.Ed qualification from institute of J&K
have already been appointed, but due to legal battle, the Govt. of
Bihar issued letter after direction of the Apex Court by which
the service has to be counted from 12.04.2017 with
consequential benefits, therefore, the service of the petitioner
should be counted from 12.04.2017 for consequential purposes
also.
12. Under the similar circumstances, vide order dated
31.07.2019, this Court in CWJC No. 15423/2019 has directed to
reinstate the petitioner of that case, namely, Mamta Kumari in
service, treating the training of the said petitioner from J&K
legal and valid and also granted her all consequential benefit.
13. The case of the petitioner is also on better footing than
the writ petitioner of CWJC No. 15423/2019 because the
appointment letter of said writ petitioner was cancelled by the
authority which was quashed by this Court, so far of the present
petitioner is concerned her appointment letter is still effective as
no adverse order has been passed but the petitioner is waiting
for joining.
14. Per contra, learned counsel for respondent no.7
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
submits that letter no. 893 dated 13.06.2013 issued by the
Director, Secondary Education (Annexure-6 of the writ
application), sent to all recruitment units, automatically lost its
force after dismissal of CWJC No. 7135/2013 dated 14.03.2014.
15. Learned counsel further submits that in response to
the letter no. 1830 dated 03.12.2018 issued by the Assistant
Director, Secondary Education, Bihar, wherein it is requested to
send the list of candidates, who obtained their degrees from
J&K, along with the posts kept reserved to provide details in
S.L.A. No. 139/2015, the District Programme Officer
(Establishment), Arwal sent a letter vide letter no. 1077 dated
04.12.2018, wherein it is mentioned that no post was kept
reserved for the petitioner.
16. It is further submitted that even in the candidate list of
405 posts of B.Ed. Degree holders submitted before the Apex
Court, the name of the petitioner does not figure out and that the
Education Department vide order dated 28.05.2019 contained in
memo no. 894 directed the concerned recruitment units to issue
appointment letters to those 405 candidates, whose posts were
kept reserved. Since the name of the petitioner does not figure in
the list of 405 post of B.Ed. Degree holders candidates,
therefore the claim of the petitioner is not sustainable in eye of
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
law.
17. Considering the submissions advanced on behalf of
the parties and on perusal of record, it appears that though the
petitioner was selected for the post of Teacher in secondary
school and her appointment letter was also issued, but merely on
the ground that she had obtained her degree of B.Ed. from the
Institution/University in State of J&K, her joining has not been
accepted.
18. Having regards to the facts and circumstances of the
case as well as considering the decision taken by the Apex
Court, as contained in Annexure-7 of the writ application, I am
of the considered view that the petitioner is entitled for
appointment on the post of Teacher in secondary school for her
respective subject.
19. The respondents Authority are hereby directed to take
an appropriate decision with regard to the appointment of the
petitioner and grant all the consequential benefits treating the
degree of B.Ed. of the petitioner acquired from J&K legal and
valid.
20. Necessary decision in this regard may be taken by the
respondents Authority at the earliest, preferably within a period
of three months from the date of receipt/production of a copy of
Patna High Court CWJC No.1789 of 2020 dt.05-08-2024
this order with all consequential benefits.
21. With the aforesaid direction, this writ application
stands allowed.
(Anjani Kumar Sharan, J)
divyanshi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.08.2024
Transmission Date NA
