Radha Mohan Jha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10000 of 2015 ===========================================================

1. Radha Mohan Jha, son of Krishna Mohan Jha, resident of village - Bhadham, P S - Radra Pur, District - Madhubani.

2. Mukesh Kumar son of Late Ramdeo Sah, resident of village Gokhula, P S - Barua Raj, District - Muzaffarpur, Bihar.

3. Juyoti Kumari, daughter of Sri Madan Mahaseth, resident of village Pandaul, P S - Pandaul, District - Madhubani, Bihar.

4. Saiyad Khushter Hussain Jafri, son of Saiyad Sajjad Hussain Jafri, resident of village - Chandanpatti, P.S. Rameshwar Nagar, District - Darbhanga, Bihar.

5. Nishi Fatima, daughter of Saiyad Faiyaz Haidar, resident of village Chandan Patti, P S - Rameshwar Nagart, District - Darbhanga, Bihar.

6. Md. Anwar Hussain Kazmi, son of Md. Ata Karim, resident of village - Usmanpur, P S - Rameshwar Nagar, District - Darbhanga, Bihar.

7. Md. Shamim Asraf, son of Abdul Wasid, resident of village - Thikha, P S - Nanpur, District - Sitamarhi.

8. Md. Minhaz Hussain Akbar, son of Md. Jalaluddin Akbar, resident of village - Sundarpur, P S - Sadar, District - Darbhanga, Bihar.

9. Dibya Sinha, wife of Dr. S C Patel, resident of village - Anandi Gola Road, P.S. Town, District - Muzaffarpur, Bihar.

10. Reeta Kumari, wife of Rajiv Kumar Mishra, resident of village Mishra tota, P S - Town, District -Darbhanga, Bihar.

11. Sudha Jha alias Sudha Jha Kumari, wife of Prabind Kumar, resident of village - Indra Colony, Rasulpur, P S - Bahadurpur, District - Darbhanga, Bihar.

12. Md. Rahat Ali, son of Late Zamiruddin, resident of village - Manharan Lal, Khanka Chowk, P S - Town, District - Darbhanga, Bihar.

13. Md. Rafat Ali, son of late Md. Zamiruddin, resident of village - Manharan Lal, Khanka Chowk, P S - Town, District - Darbhanga, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Human Resources Department, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna.

4. The Joint Secretary, Education Department, Government of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan For the Respondent/s : Mr. SC29- R.R.K. PANDEY =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 07-04-2016 Petitioners claim to have taken admission in an institution known as Fakhruddin Ali Ahmad Teachers Training College,

Patna High Court CWJC No.10000 of 2015 dt.07-04-2016 Darbhanga in the Session 1997-98 and 1998-99. The institution became a subject matter of enquiry by the Vigilance. After a protracted enquiry and litigations, recognition came to be conferred upon the institution by National Council for Teacher Education. Examinations were conducted and results have now been declared as recent as in the year 2011 and 2013.

The prayer in the present writ application is for a direction upon the respondent State authorities to consider their claim for appointment as trained teachers against the vacancies of 34540. The stand of the State in the counter affidavit is that the advertisement issued by the Staff Selection Commission for such recruitment had clearly laid down the cut off date as 23.01.2006. All such eligible candidates should have passed the training examination by that date as per the advertisement. These petitioners have passed their training examination only in the year 2011 or 2013. They are not eligible for consideration because despite many rounds of litigation, which travelled right up till the Apex Court and thereafter in the decision rendered by the learned Single Judge there is no indication that the cut off date was required to be extended. If this be so, the hardship which petitioners are talking about cannot change the milestone or the cut off date with regard to said recruitment process initiated about a decade back.

Patna High Court CWJC No.10000 of 2015 dt.07-04-2016 Writ application has no merit. It is dismissed. (Ajay Kumar Tripathi, J) R.K.Pathak/- U