Patna High CourtL.P.A/690/2014dismissed

Md. Salim v. The State Of Bihar And ORS

2016-05-04Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.690 of 2014 Arising out of Civil Writ Jurisdiction Case No. 15688 of 2013 =========================================================== Md. Salim, son of Late Manjural Haque, Resident of village - Auraiya, P.S. - Dhaka, District - East Champaran.

.... .... Appellant

Versus

1. The State of Bihar

2. The Secretary, Human Resources Development Department State of Bihar, Patna.

3. Director, Primary Education, State of Bihar, Patna.

4. District Educational Officer, Bhojpur, Ara

5. Block Education Officer, Saha, Distt - Bhojpur. .... .... Respondents =========================================================== Appearance :

For the Appellant : Mr. Mritunjay Prasad Singh, Advocate. For the Respondents : Mr. Ajeet Kumar, S.C. 28 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 04-05-2016 Heard learned counsel for the appellant and the respondents.

2. The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 20th of August, 2013 in C.W.J.C. No. 15688 of 2013 whereby a direction was issued to the respondents to decide the validity of the B.Ed certificate of the appellant granted by Nav Bharat Shiksha Parishad, Odhissa. The appellant filed M.J.C. No. 6566 of 2012 as the directions were said to be not complied with. In the said case, in the counter affidavit

Patna High Court LPA No.690 of 2014 dt.04-05-2016 2 /2 an order dated 12th of June, 2014 was produced to the effect that the Nav Bharat Shiksha Parishad, Odhisa is neither recognized by the National Council of Teachers Education nor by Distance Education Council. Therefore, the B.Ed. degree obtained by the appellant is not recognized for the purpose of appointment. On the basis of such communication, the rule was discharged on 12.12.2014.

3. We have heard learned Counsel for the parties and find no merit in the same. The Teachers Training Qualification obtained by the appellant from Nav Bharat Shiksha Parishad, Odhisa has not been found to be recognized by either the National Council of Teachers Education nor by Distance Education Council. Therefore, there cannot be any direction for appointment of the appellant against the post advertised.

4. In view of the above, we do not find any merit in the present Letters Patent Appeal, which is dismissed. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P.

N.A.F.R.