Uma Kant Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1312 of 2019 In Civil Writ Jurisdiction Case No.17554 of 2017 ====================================================== Uma Kant Roy Son of Late Bado Roy R/o Village-Pokharia Ghatwari, Post Office-Ghatwari, P.S.-Dharahara, District-Munger. At present posted and working as an Assistant Teacher in Govt. Middle School Choabag, BlockSadar Munger, District-Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. R.K. Mahajan the Principal Secretary, Education Department, Govt. of Bihar, Patna 3.

Mr. Binod Kumar Singh the Director, Primary Education Department, Bihar, Patna 4.

Mr. Manuwar Alam the Regional Deputy Director of Education, Munger Division, Munger 5.

Mr. Uday Kumar the District Magistrate, Munger 6.

Mr. Dinesh Kumar Chaudhary the District Education Officer, Munger 7.

Mr. Dinesh Kumar Chaudhary the District Education Officer-cum-Chairman of Promotion Committee, Munger 8.

Mr. Nagendra Kumar the District Programme Officer (Establishment) Munger 9.

Mr. Narendra Kumar the District Programme Officer (Establishment)-cumMember Secretary of Promotion Committee, Munger 10.

Smt. Manju Kumari the Block Education Officer, Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Smt. Shilpa Singh (GA-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned counsel for the O.P. Nos. 6 and 8.

The present application has been filed as the opposite parties have not complied with the order dated 24.07.2018 passed in C.W.J.C. No. 17554 of 2017.

Patna High Court MJC No.1312 of 2019(4) dt.04-02-2020 2/3 A show cause has been filed on behalf of O.P. Nos. 6 and 8. Following statements have been made in paragraph nos. 6, 8 and 9 of the show cause:

"6. That at this stage, it is pertinent to bring to Hon'ble Court's notice that in the year 2016, the District Elementary Teachers Promotion Committee had given promotion to the teachers on the post of Headmasters, who were possessing requisite qualification from recognized Institutes in terms of Bihar Nationalized Elementary School Teachers Promotion Rules, 2011. However, the petitioner was debarred from being promoted to the post of Headmaster as his Master Degree was found to be illegal granted from unrecognized and fake institution. This fact has been dealt in the proceeding of the District Elementary Teachers Promotion Committee, Munger.

8. That, therefore, the petitioner claim that the juniors to him were given promotion to the post of Headmaster on the basis of degree from Indian Institute of Human Rights, New Delhi was not found true because no such promotion has been granted on the basis of degree acquired from the fake Institute, which is unrecognized and does not come in purview of the list of Institution recognized by the U.G.C.

9. That in this context, the petitioner's claim for being promoted on the post of Headmaster has been rejected by the District Programme Officer (Estab.), Munger vide memo. no. 929 dated 26.04.2019 as the petitioner's master degree was found to be illegal, acquired from a fake Institute, as it was earlier held also in the proceeding of District Elementary Teachers Promotion Committee, Munger dated 08.12.2016."

Considering the fact that the order of this Court has

Patna High Court MJC No.1312 of 2019(4) dt.04-02-2020 3/3 already been complied with, no further order is required to be passed in the present contempt application. If the petitioner is aggrieved by the order passed by the opposite parties, he will be at liberty to challenge the said order before the appropriate forum.

The present application stands disposed of.

(Sudhir Singh, J) Pankaj/Sushma2 U