Patna High Court
Sahdeo Mandal vs The State Of Bihar And Ors on 16 January, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12585 of 2015
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Sahdeo Mandal, Son of Late Mangal Mahto, resident of village- Arma, P.S.
Kajra (Surajgarha), District- Lakhisarai
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Human Resources Department, Government of
Bihar, Patna
3. The Commissioner and Secretary, Human Resources Department,
Government of Bihar, Patna
4. The Director, Primary Education, Government of Bihar, Patna
5. The District Magistrate, Lakhisarai
6. The Deputy Development Commissioner, Lakhisarai
7. The Member, District Teachers Employment Appellate Tribunal, Lakhisarai
8. The District Education Superintendent, Lakhisarai
9. The District Education Officer, Lakhisarai
10. The Block Development Officer, Lakhisarai
11. The Block Education Officer, Lakhisarai
12. The Panchayat Secretary, Gram Panchayat Raj, Arma, P.S.- Kajra, District-
Lakhisarai
13. The Mukhiya, Gram Panchayat Raj, Arma, P.s.- Kajra (Surajgarha), District-
Lakhisarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manmohan Prasad Singh, Advocate
Mr. Narsingh Tanti, Advocate
For the State : Mr. Dhirendra Kumar, AC to AAG-6
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 16-01-2024
1. Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):-
Patna High Court CWJC No.12585 of 2015 dt.16-01-2024
2/6
"1. That this an application for issuance of
writ/writs, order/orders and direction/directions by
quashing the office order contained in letter
no.12/पशशo ववद 65/06-303 (Annexure-4) dt-2.9.08
issued by the Chief Secretary, Human Resources
Department, Govt. of Bihar, (Resp. No.2) to the extent
whereby and where under they have cancelled earlier
office order contained in letter No.57/Pat. Dated
16.3.2007
(Annexure-5) issued by the Commissioner
and Secretary, Human Resource Department, Govt. of
Bihar, (Resp. No.3), regarding the recognition of
Bhagwan Budh Teachers Training College, Nirmali,
Supaul under which the petitioner has passed his
examination in Ist Division conducted by the same
under the direction of Hon'ble Supreme Court for the
students of Session 1989-91 upon which he claimed for
appointment/selection on the post of Trained Primary
Teachers, under Gram Panchayat Teachers
Employment, 2008, within the Panchayat Arma, Block
and District- Lakhisarai, after setting aside the order
dated 4.7.2011 passed in Appeal No.121 of 2010-
11( Annexure-2) by the District Teachers Employment
Tribunal, Lakhisarai. (Resp. No.7)"
3. The case of the petitioner in brief is that the
respondents having invited applications for appointment as
trained Panchayat Teachers under the second phase, the
petitioner fulfilling all the requirements filed an application for
the same and on being called appeared for counselling on
30.12.2010. The candidature of the petitioner having illegally
Patna High Court CWJC No.12585 of 2015 dt.16-01-2024
been rejected in the counselling, the petitioner filed an appeal
(Appeal no.121 of 2010-11) before the District Teachers
Employment Appellate Tribunal, Lakhisarai which was
dismissed vide order dated 4.7.2011. The dismissal was on the
ground that the applicant had not submitted his final training
certificate before the Panchayat Secretary. The petitioner moved
this Court by filing CWJC no. 10741 of 2013 against the order
of the Appellate Tribunal. The writ application of the petitioner
was dismissed vide order dated 1.12.2014 (Annexure-3) in the
following terms:-
"Heard learned counsel for the parties.
So long as Annexure-A, dated 02.09.2008
stands, no relief can be granted to the petitioner in the
present writ application, because the very foundation
as contained in Annexure-3 has been knocked out by
the said decision.
Petitioner may assail the order, contained in
Annexure-A, if he so wants.
Writ application is otherwise dismissed."
4. By order dated 2.9.2008, which finds mention in
the order dated 1.12.2014 quoted herein above, it was observed
that so far as the recognition is concerned, after coming of the
NCTE Act, 1993, in view of the provisions mentioned therein,
the grant of recognition was no longer in the domain of the State
Government. It is this order dated 2.9.2008 which along with
Patna High Court CWJC No.12585 of 2015 dt.16-01-2024
other orders which have been challenged by the petitioner in the
instant writ application. Besides challenge to the order dated
2.9.2008, the petitioner has also challenged the other orders
including the order dated 4.7.2011 passed in Appeal no.121 of
2010-11 (Annexure-2) by the District Teachers Employment
Tribunal, Lakhisarai rejecting the appeal preferred by the
petitioner.
5. Learned counsel for the petitioner in support of his
contention refers to and relies on the judgment of the Hon'ble
Supreme Court dated 23.11.2010 in the case of Bhagwan Budha
Prathmik Technical Training College Nirmali vs. the State of
Bihar & Others and analogous case brought on record as
Annexure-A to the counter affidavit of respondent no.4.
6. In response, learned counsel for the respondents
relying on the statement made in the writ application together
with the counter affidavit of respondent- Director, Primary
Education submits that reading of the judgment dated
23.11.2010 in the case of Bhagwan Budha Prathmik Technical
Training College Nirmali (supra) brought on record by the
respondents in their counter affidavit as also other judgments of
the Hon'ble Supreme Court, it is settled that after coming of the
NCTE Act, 1993, so far as recognition of the institution is
Patna High Court CWJC No.12585 of 2015 dt.16-01-2024
concerned, it is within the sole domain of the National Council
for Teacher Education and not of the State Government. The
institution of the petitioner not having the required recognition
of the NCTE, the petitioner was not qualified nor eligible for
making an application for appointment as Panchayat Teacher
and the respondent authorities including the tribunal has rightly
rejected the application of the petitioner. There is no merit in the
instant application and the same be dismissed.
7. Having heard learned counsel for the parties and
taking into consideration the material on record, the facts
relevant for the instant application are that the petitioner having
obtained his two years degree course in teachers training from
Bhagwan Budha Prathmik Shikshak Shiksha Mahavidyalaya in
the year 2009, applied for appointment as a Panchayat Teacher,
as stated above. It is not in dispute that the appointments were
to take place in accordance with the Bihar Panchayat Primary
Teachers (Appointment and Service Conditions) (Amendment)
Rules, 2008. Rule 8 of the Rules provide that for making an
application for appointment, the candidate should have obtained
his two years Teachers Training Diploma or Certificate from an
institution recognized by the National Council for Teacher
Education.
Patna High Court CWJC No.12585 of 2015 dt.16-01-2024
8. So far as the case of the petitioner is concerned,
even though the claim of the petitioner is that he got his degree
on 13.11.2009 ie prior to the date of counselling and did
produce the same contrary to the findings of the authorities in
the orders impugned, it is not in dispute that the institution in
question from which the petitioner obtained his degree in the
year 2009, at no point of time was it recognized by the National
Council for Teacher Education as required under the NCTE Act.
In the opinion of the Court, the petitioner lacking the basic
degree of having a requisite qualification from an institution
duly recognized by the Regional Committee under the NCTE
Act, 1993, was ineligible to apply for the post of Panchayat
Teacher.
9. The Court thus finds no merit in the instant
application and the same is dismissed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR
CAV DATE N/A
Uploading Date 19.01.2024
Transmission Date N/A
