Patna High Court
Sanjeet Kumar Suman vs The State Of Bihar on 27 January, 2025
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4838 of 2023
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1. Sanjeet Kumar Suman S/o Sri Jagdish Prasad Yadav Village and Post-
Kaviyahi, P.S.- Shankarpur, District- Madhepura.
2. Punam Kumari, W/o Shatrughan Prasad Mehta Piprakhurd, Ward no. 6, P.S.-
Piprakhurd, District- Supaul.
3. Sangita Kumari, W/o Santosh Kumar, D/o Shivnandan Yadav Village-
Kayota Patti, P.S.- Kishanpur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resource
Development Department, Government of Bihar, Patna.
2. The Director, Primary and Secondary Education, Government of Bihar,
Patna.
3. The District Magistrate, Supaul.
4. The District Education Officer, Supaul.
5. The District Education Officer, (Sarv Siksha), Supaul.
6. The District Education Officer (Establishment), Supaul.
7. The District Programme Officer, Supaul.
8. The Block Education Officer, Block- Raghopur, Supaul.
9. The Block Education Extension Officer, Block- Raghopur, Supaul.
10. The Secretary, Block Teachers Employment Unit, Pipra, Supaul.
11. The Secretary, Panchayat Teachers Employment Unit, Bayasi, Block-
Raghopur, District- Supaul.
12. The Secretary, Panchayat Teachers Employment Unit, Pathara Dakshin,
Block- Pipra, District- Supaul.
13. The Panchayat Secretary, Gram Panchayat, Pathra Dakshin, Block- Pipra,
District- Supaul.
14. The Panchayat Secretary, Gram Panchayat, Pathra Bayasi, Block- Raghopur,
District- Supaul.
15. The Head Master, Upgraded Middle School, Dulari Block- Pipra, District-
Supaul.
16. The Headmaster, Primary School, Dumri Bayasi, Block- Raghopur, District-
Supaul.
17. The Headmaster, Primary School, Dumri Bayasi, Block- Raghopur, District-
Supaul.
18. The Headmaster, Nav Srijit Primary School, Vishwkarma Tola Pathra,
Dakshin, Block- Pipra, District- Supaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lakmesh Marvind
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
2/10
For the Respondent/s : Mr. Jitendra Kr. Roy (Sc13)
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 27-01-2025
Heard learned counsels for the parties.
2. The petitioners have approached this Court for the
following reliefs:-
(i) For quashing the gyapank 1920 (Ni.) dated
11.08.2022
, whereby the DPO (Est.), Supaul
directed all the employment units of the district to
ask show cause from the Assistant Teachers and
terminate their services who got employment on
the basis of degree/ certificate obtained from the
Board of Higher Secondary Education, Delhi.
(ii) For quashing the order dated 02.12.2022,
passed in O.A. No.682/2022 by the State Appellate
Authority, Patna and which is treated as judgment
in rem.
(iii) For quashing the gyapank 3056 (Ni) dated
30.12.2022, whereby the DPO (Est.), Supaul had
directed to the respondents concerned to terminate
the services of the petitioners from the date of their
appointments and recover the salary already
drawn by them by filing certificate case pursuant to
the order dated 02.12.2022, passed by the State
Appellate Authority, Patna in O.A. No.678/2022,
O.A. No.680/2022, O.A. No.682/2022.
(iv) For quashing all the consequential orders of
terminations issued by the respondents in
pursuance of the gyapank 3056 (Ni) dated
30.12.2022 and the decisions taken by the District
Education Officer, Supaul.
(v) For directing the respondents concerned to
recognize the certificates issued by the Board of
Higher Secondary Education, Delhi issued in
favour of the petitioners a valid certificate since
this institute was recognized by the UP
intermediate Education Board.
(vi) For directing the respondents concerned to not
to disturb the continuance of the service of the
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
petitioners on the post of Assistant Teacher in their
respective schools and not to recover the salary
already drawn by them against the work done by
them.
(vii) For staying the aforesaid orders of
termination and recovery of salary till the disposal
of the present case.
(viii) For any other relief(s).
(ix) For quashing the common order dated
16.05.2023, passed in O.A. No.101/2023, Punam
Kumari vs. State of Bihar; O.A. No.102/2023,
Sanjeet Kumar Suman vs. The State of Bihar; O.A.
No.103/2023; Sangita Kumari vs. The State of
Bihar by the State Appellate Authority, Patna.
(x) For quashing the letter No.1088(Ni) dated
02.06.2023 issued by the District Programme
Offficer, Establishment, Supaul and gyapank
no.368 dated 03.06.2023, issued by the Block
Education Officer, Pipra, Supaul.
3. Learned counsel for the petitioners submitted that
pursuant to an advertisement, the petitioners applied for their
appointment on the post of Assistant Teachers. Petitioner nos.1
and 2 had produced Intermediate certificate and the Basic
Teachers Training Certificate of 1994, whereas the petitioner
no.3 had produced the Intermediate certificate and the Basic
Teachers Training Certificate of 1995. All the certificates of the
petitioners were issued by the Board of Higher Secondary
Education, Delhi.
4. It is further submitted that after counselling and
verification of documents, petitioners were given joining letters
and in compliance, thereof, petitioners joined in their respective
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
schools on the post of Assistant Teachers. Thereafter, a letter
1920 (ni.) dated 11.08.2022 issued by the District Programme
Officer, Supaul, wherein the Employment units of the district
were asked to take steps under the Primary Teachers
Employment Rules, 2006, 2008, 2012 and terminate the services
of six teachers, including the petitioners who were appointed
based upon certificates issued by the Board of Higher
Secondary Education, Delhi.
5. Feeling aggrieved, the petitioners and others filed appeal
before the State Appellate Authority, Patna, Bihar and all the
appeals were rejected by a common order dated 02.12.2022. The
present petitioners had also filed O.A.s but they are still pending
for disposal and order dated 02.12.2022 came into existence and
in pursuance of the said impugned order, a common letter
no.3056(ni) dated 30.12.2022 was issued by the DPO (Est.),
Supaul to all the employment units communicating the decisions
taken by the District Education Officer regarding the
termination and recovery of salary from the said 6 teachers by
filing Certificate Case before the District Certificate Officer,
Supaul.
6. It is further submitted that the requisite qualification for
the appointment of teachers have been given under Bihar
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
Panchayat Primary Teachers (Employment & Service
Condition) Rules, 2006. It says that certificates/ degrees on the
basis of which the candidates shall get employment in Primary
schools and middle schools of Bihar must be issued by the
institution recognized by any of the States of India.
7. That the gyapank No.2115, dated 29.12.2008, issued by
the Director, Secondary Education to all the District Education
Officer, Sub-Divisional Education Officer, District
Superintendent Education for giving him information regarding
any decision of the High Court and the Supreme Court about the
recognition of the institution for appointment of the teachers.
8. That in Special Appeal Defective No.135 of 2013,
District Basic Education Officer, Sitapur vs. Smt. Asha
Pandey reported in 2013 ADJ 295, the Division Bench of the
Allahabad High Court has held on 06.03.2013 that the Board of
Higher Secondary Education, Delhi was de-recognized by the
UP Intermediate Education Board in the year 2012 and the
degrees/certificate obtained prior to the de-recognition has to be
treated as recognized degree and hence affirmed the order of the
Single Judge. (Annexure- 9 to the writ application)
9. In an another Writ-A No.21345/2017, Raj Kumari vs.
State of UP & 2 Ors., the learned Single Judge, Allahabad High
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
Court on 16.05.2017, quashed the order of cancellation of
appointment dated 20.04.2017 of the petitioner and directed the
respondents to pass a fresh order in the light of the decision
reported in 2013 ADJ 295. (Annexure-10 to the writ
application).
10. It is further submitted that the Board of Higher Secondary
Education, Delhi has been recognized under Chapter 14 Rule 38
of the Uttar Pradesh Intermediate Education Act, 1921, and with
this respect a letter No.138 dated 10.02.2015 was also issued by
the Personal Secretary to the Hon'ble State Minister, Secondary
Education, Uttar Pradesh.
11. It is further submitted that in light of the recognition
granted to the Board of Higher Secondary Education, Delhi by
the UP Intermediate Education Board and the decisions of the
Allahabad High Court, it is clear that the said institutions fulfills
the qualification criteria fixed under 2006, 2008 and 2012 rules
and hence the certificates issued by the said institution in favour
of the petitioners cannot be said to be a fake one.
12. A supplementary counter affidavit has been filed on
behalf of the respondent no.7. It is submitted that vide
departmental order contained in Memo No.314 dated
09.05.2012, issued by the Joint Secretary, Education
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
Department, Government of Bihar, Patna, the degree/ certificate
issued by the Board of Higher Secondary Education, New Delhi
has been held as unrecognized for appointment of 34540
Assistant Teachers pursuant to direction of the Hon'ble Supreme
Court. (Annexure R 7/A to the supplementary counter affidavit).
13. It is further submitted that the Principal Secretary,
Education Department, Government of Bihar vide letter No.782
dated 10.07.2015 has made categorical direction to all the
DEO's of the State to the effect that teachers appointed on the
basis of degree/ certificate obtained from Board of Higher
Secondary Education, New Delhi be marked removed from
service in due observation of law in view of decision rendered
by this Court dated 05.12.2014 passed in C.W.J.C. No.21035 of
2013 (Smt. Sonika Verma and Ors. vs. The State of Bihar &
Ors.). The State Appellate Authority while dismissing the
appeal of the petitioners had made detailed discussion of
aforesaid order and has held that:-
"The Board of Higher
Secondary Education, New Delhi is not an
institution recognized by the State of Bihar
or any statutory body worthy of name having
the competent power in this regard. This
Court has had occasion to look into many
such degrees and on the inputs provided,
there is no hesitation in recording that these
are not institutions but shops selling degrees
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
for a price for any person willing to bargain
with them. Such educational degrees,
therefore, can never form the basis for
providing employment that too as a Teacher
under the State of Bihar. Learned counsel for
the petitioner submits that there are many a
persons who are working on the basis of
such a degree in the State of Bihar as a
Panchayat Teacher. This Court directs the
Principal Secretary, Education Department,
Bihar to issue appropriate direction for
verification whether there are persons
having any kind of degree from such
institutions who have been employed and are
working as Teachers because they all have
to be identified and weeded out. The
Principal Secretary must act upon the
direction of this Court within a period of
three months from the date of
communication of a copy of this order".
14. It is further submitted that the Ministry of Human
Resources Development has requested on 09.05.2017 and
19.01.2018 to the Commissioner of Police, Delhi to lodge an
FIR against the Board of Higher Secondary Education as it does
not meet the conditions and stop its functioning for distributing
certificates for Secondary, Senior Secondary classes which is
totally fraudulent. However, Board of Higher Secondary
Education, Delhi is still showing in its website that it is an
autonomous organization under Government of India, Ministry
of Education Department. And in the aforesaid light, it is
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
clarified that Board of Higher Secondary Education, Delhi has
not been set up by Ministry of HRD and is completely
fake/fraudulent.
15. It is further submitted that all the three petitioners had
submitted their applications for appointment to the post of
Assistant Teacher on the basis of degree/ certificate of passing
of intermediate and basic teacher training certificates issued by
the Board of Higher Secondary Education, Delhi which is not a
recognized institution in the State of Bihar for employment of
teacher and therefore, their counselling and grant of selection
letter held in the year 2010 was void ab initio as they were not
possessing requisite qualification for the said post, and therefore
impugned order of termination of three petitioners as well as the
order passed by the District Appellate Authority and the State
Appellate Authority are fit to be affirmed by this Court as the
same are legal and valid order passed in accordance with law
and the present writ application is accordingly, fit to be
dismissed.
16. Heard both the sides.
17. The co-ordinate Bench of this Court in its order passed in
C.W.J.C. No.21035/2013 dated 15.12.2014 held that the Board
of Higher Secondary Education, New Delhi is not an institution
Patna High Court CWJC No.4838 of 2023 dt.27-01-2025
recognized by the State of Bihar or any statutory body worthy of
name having the competent power in this regard. The Ministry
of Human Resources Development has also requested on
09.05.2017 and 19.01.2018 to the Commissioner of Police,
Delhi to lodge an FIR against the Board of Higher Secondary
Education as it does not meet the conditions and stop its
functioning for distributing certificates for Secondary and
Senior Secondary classes which is totally fraudulent.
18. The judgments relied upon by the learned counsel for the
petitioner is also not applicable in the present case because the
State of Bihar has not given recognition to the Board of Higher
Secondary Education, Delhi.
19. Considering the aforesaid discussions, I find no merit in
the present writ application and it is, accordingly, dismissed.
(Anjani Kumar Sharan, J)
shikha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.02.2025
Transmission Date NA
