Chandradev Yadav v. The State Of Bihar Through Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10259 of 2021 ====================================================== Chandradev Yadav s/o- Late Saraf Lal Yadav r/o - Village - Ahatta Bakhari, P.O. and P.S. - Kursa Kanta, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

The Director, (Research and Training), Education Department, Govt. of Bihar, Patna.

4.

The District Education Officer, Araria, District- Araria. 5.

The District programme Officer (Establishment), Araria, District- Araria. 6.

The Block Education Officer, Kursa Kanta, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishor Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

The present writ petition has been filed seeking the following reliefs:

"i)For quashing of the letter no. dated 22.10.2019 issued by 1422 the Respondent no. 2, The Director, Primary Education, Govt. of Bihar, Patna so far it relates to the petitioner, whereby and whereunder all the District Education Officers of the State of Bihar were directed to submit a report within a week with respect to the details of the steps taken by them for terminating the services of untrained teachers working in government schools who have not acquired requisite qualification of B. Ed. Or Deploma in Elementary Education (D. El. Ed.) by 31.03.2019. ii) Further, for quashing of the letter no. 978 dated 13.11.2020 issued by the Director, Primary Education (respondent no. 2) to all the District Education Officer and all the District Programme Officer (Establishment) whereby and whereunder it has been directed that the teachers who have not passed the teacher

Patna High Court CWJC No.10259 of 2021(3) dt.06-08-2024 2/2 training examination on or before 31.03.2019, they have to be removed from their post by their respective employment units. iii) Further, quashing of the letter no. 1249 dated 25.11.2020 issued by the District Programme Officer (Establishment), Araria to all the Block Education officers of the District, by which it has been directed to take action for removal of those teachers who have not passed their teacher training course till 31st of March 2019.

iv) Further, for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondents to consider the case of the petitioner and grant further times for completing their in service teacher training course. (v) Further, for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction for stay of the operation of the impugned letters (Annexure-1, 2 and 3) and not to disturb the petitioner from discharging his duties of teacher till the final disposal of the instant writ application.

2. A Special Leave to Appeal (C) No. 10872- 10898 of 2024 (Md. Tanzim Reza & Ors. The Union of India & Ors.) is filed before the Hon'ble Supreme Court in which there is a status quo order passed.

3. The petitioner shall also be regulated by the status quo order if continued in service and eventually by the disposal of the Special Leave to Appeal.

4. Accordingly, this writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U