Patna High Court
Apsara Sadique vs The State Of Bihar on 8 January, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3322 of 2023
======================================================
Apsara Sadique Daughter of Kyamuddin Siddqui Resident of Mohalla- Ward
No. 13, Chaube Tola, Majhauli Raj, P.S.- Salempur, District- Deoria, Uttar
Pradesh.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary-cum-the Principal Secretary, Education
Department, Government of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Program Officer (Establishment), Gopalganj.
6. The Block Development Officer, Fulwariya, District- Gopalganj.
7. The Block Panchayati Raj Officer, Fulwariya, District- Gopalganj.
8. The Block Education Officer, Fulwariya, District- Gopalganj.
9. The Member Secretary-cum- Panchayat Secretary, Gram Panchayat Raj,
Gidaha, Anchal- Fulwariya, District- Gopalganj.
10. The Chairman of Panchayat Teacher Selection Committee-Cum-Mukhiya,
Gram Panchayat Raj, Gidaha, Anchal- Fulwariya, District- Gopalganj.
11. The Chairperson, State Appellate Authority, Education Department,
Government of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Setu Prateek, Advocate
For the Respondent/s : Mr.Subhash Chandra Mishra (SC 16)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL JUDGMENT
Date : 08-01-2024
1. Heard learned counsel for the parties concerned.
2. The petitioner, being aggrieved by the order dated
05.12.2022
, passed by State Appellate Authority, has preferred
the present writ application seeking quashing of the order dated
05.12.2022, passed in O.A. no. 503 of 2022, whereby and
Patna High Court CWJC No.3322 of 2023 dt.08-01-2024
whereunder the candidature of the petitioner for the post of
Panchayat Teacher, Gram Panchayat Raj- Gidaha, Anchal-
Fulwariya, District-Gopalganj has been cancelled. Petitioner has
further prayed for a direction to the respondent-Authorities to
consider the claim of appointment of the petitioner on the post
of Panchayat Teacher under Un-reserved (F) category.
3. The petitioner has claimed that she has passed
Class-Xth and Class-XIIth examination from Madhyamik
Shiksha Parishad, Uttar Pradesh, B.Ed. from Deen Dayal
Upadhyaya Gorakhpur University, Gorakhpur and having
C.T.E.T. qualification for the appointment of Panchayat Teacher
on 14.07.020. The petitioner appeared in the counseling held on
28.01.2020 and thereafter, final merit list was published, which
contained the name of petitioner at serial no. 142.
4. On the basis of complaints made with regard to
preparation of merit list and counseling, the District Education
Officer, Gopalganj, vide letter no. 808 dated 10.03.2022,
cancelled the counseling held on 28.01.2022 and directed for re-
counseling on 16.03.2022, in which the petitioner also
participated but was not allowed to take part in the counseling.
The petitioner represented before the District Education Officer,
Gopalganj and the District Programme Officer (Establishment),
Patna High Court CWJC No.3322 of 2023 dt.08-01-2024
Gopalganj on 17.03.2022 and 21.03.2022, respectively and also
before the District Magistrate, Gopalganj on 24.03.2022 and in
her representation, she has narrated the irregularities committed
in the second counseling held on 16.03.2022 and requested for
inquiry and verification of C.T.E.T. Certificate, Adhar and
E-KYC of candidates, who appeared in the counseling held on
16.03.2022.
5. The District Programme Officer (Establishment),
Gopalganj, vide Memo no. 1662 dated 17.05.2022, directed the
Block Education Officer, Fulwariya to cancel the counseling of
four candidates except Manju Devi and to institute the F.I.R.
against the Employments Units for committing forgery.
Petitioner, being aggrieved, filed the writ petition bearing
C.W.J.C. no. 10167 of 2022 and a co-ordinate Bench of this
Court, vide order dated 14.09.2022, disposed the writ
application with liberty to the petitioner to prefer an appeal
before the District Appellate Authority/ State Appellate
Authority. In pursuance thereof, the petitioner filed an appeal
before the State Appellate Authority, which has been dismissed
on the ground that Intermediate certificate of Madhyamik
Shiksha Parishad is not a valid certificate for appointment of
Teacher, as has been held in C.W.J.C. no. 7313 of 2012 and
Patna High Court CWJC No.3322 of 2023 dt.08-01-2024
upheld in L.P.A. no. 1008 of 2012 and Civil Review no. 188 of
2013.
6. Learned counsel for the petitioner submits that
petitioner appeared in the counseling held on 28.01.2022 but on
false complaint of one Amina Khatoon, the petitioner's name
was not called out in the counseling, however, the District
Education Officer, Gopalganj cancelled the counseling and
directed for re-counseling to be held on 16.03.2022, without
verifying the genuineness of the complaint and also without
verifying the videography of the counseling.
7. He further submits that on fixed date i.e. on
16.03.2022, the petitioner went for counseling but she was not
allowed to take part in the counseling. The certificate of one
Amina Khatoon was found fake and forged during inquiry and
F.I.R. was directed to be instituted against her and others for
committing forgery in the counseling held on 16.03.2022. He
also submits that petitioner's entire educational certificates are
genuine and valid but State Appellate Authority has rejected the
candidature of the petitioner on the ground that the Intermediate
certificate of the petitioner obtained from Madhyamik Shiksha
Parishad, Uttar Pradesh is not valid for appointment in the State
of Bihar.
Patna High Court CWJC No.3322 of 2023 dt.08-01-2024
8. Having heard learned counsel for the parties and
upon perusal of the impugned order, it appears that the State
Appellate Authority has taken note of the fact that petitioner has
obtained her Intermediate certificate from Madhyamik Shiksha
Parishad, Uttar Pradesh and in C.W.J.C. no. 7313 of 2012, the
Hon'ble High Court has held that this is not a valid certificate
for appointment of Teachers in the State of Bihar. The Letter
Patent Appeal preferred against the said order was also
dismissed and Civil Review also got dismissed holding that
petitioner failed to establish that Madhyamik Shiksha Parishad,
Uttar Pradesh and degrees and certificates awarded by it are
recognized by the State of Bihar for appointment of Panchayat
Teachers.
9. The Appellate Authority arrived at a conclusion
that issue is settled that Intermediate certificate of Madhyamik
Shiksha Parishad is not a valid certificate for appointment of
Teacher in State of Bihar and in the result, cancelled the
candidature of the petitioner.
10. In the entire writ application, the petitioner has not
produced any documents for establishing the fact that the
Madhyamik Shiksha Parishad, Uttar Pradesh is a recognized
institution and there is nothing on record to show that the
Patna High Court CWJC No.3322 of 2023 dt.08-01-2024
institution has been recognized by the State Government by any
specific Act for establishing her case that the certificate granted
by the Madhyamik Shiksha Parishad, Uttar Pradesh was valid.
The petitioner was required to produce Government resolution/
order/ circular in support of recognition of the institution, during
the period, she obtained the degree but in the writ application,
except the statement of the petitioner that the certificate of the
petitioner is genuine, no other documents in support of the
recognition of the institution has been brought on record.
11. In the circumstances, this Court does not find any
error in the order of the Appellate Authority and accordingly, the
present writ application is dismissed.
(Anil Kumar Sinha, J)
rinkee/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2024
Transmission Date NA
