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Patna High CourtCWJC/6190/2019disposed

Saroj Kumari v. The State Of Bihar

2019-10-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6190 of 2019 ====================================================== Saroj Kumari Wife of Sri Ratnesh Mishra Resident of Village- Guriaao Niyamat, P.O.- Semaria, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of Human Resources, Govt. of Bihar, Patna.

2.

Commissioner, Saran Division, Chapra.

3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The Collector Gopalganj.

5.

District Education Officer Gopalganj.

6.

The District Programme Officer (Est.) Gopalganj. 7.

Block Development Officer, Kuchaikot District- Gopalganj. 8.

The Block Education Officer, Kuchaikot District Gopalganj. 9.

Panchayat Secretary, Gram Panchayat Raj Sasamusa, P.O. Sasamusa, P.S. Kuchaikot, District- Gopalganj.

10.

Headmaster, New Primary School, Mahiyara Block- Kuchaikot, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2019 Petitioner is aggrieved by the action of the respondents in restraining the petitioner from discharging the responsibility as teacher on the pretext that the degree obtained from Hindi Sahitya Sammelan, Allahabad is invalid. The petitioner joined the service on 27.2.2007 whereas the decision to de-recognize the degree of Hindi Sahitya Sammelan, Allahabad was taken on 27.9.2008. At the time when the petitioner entered the service, the degree of Hindi

Patna High Court CWJC No.6190 of 2019(4) dt.17-10-2019 2/2 Sahitya Sammelan, Allahabad was valid and as such finding fault with the qualification of the petitioner on the basis of decision subsequent to enter the service is unsustainable. Similar issue was considered by this Court in C.W.J.C. No. 4455 of 2017 vide order dated 2.7.2019 where this Court has noted the aforesaid submission and allowed the writ petition. For consistency, the present writ petition is also allowed in similar terms of C.W.J.C. No. 4455 of 2017. (Anil Kumar Upadhyay, J) Ravi/- U