Shyam Kishore Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7864 of 2019 ====================================================== Shyam Kishore Bharti Son of Late Yogendra Prasad R/o Village-Karma, P.O. Karhara, P.s. Jhajha, District-Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.
The Principal Secretary Education Department, Government of Bihar, Patna 3.
The Director Primary Education, Education Department, Government of Bihar, Patna 4.
The District Magistrate-cum-Collector Jamui, District-Jamui 5.
The District Education Officer Jamui, District-Jamui 6.
The District Programme Officer, Establishment (Education) Jamui, DistrictJamui 7.
The Block Development Officer Jhajha, District-Jamui 8.
The Block Education Officer Block-Jhajha, District-Jamui 9.
The Panchayat Teacher Employment Unit Gram Panchayat Raj-Chhapa, Block-Jhajha, District-Jamui, through its Secretary 10.
The Mukhiya-cum-Chairman Panchayat Teacher Employment Unit, Gram Panchayat Raj Chhapa, Block-Jhajha, District-Jamui 11.
The Panchayat Sevak-cum-Secretary Panchayat Teacher Employment Unit, Chhapa, Block-Jhajha, District-Jamui ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar Mr. Avinjay Kumar Mr. Mukesh Kumar Singh, Advocates For the Respondent/s :
Mr.Ashutosh Ranjan Pandey ( AAG-15 ) Ms. Priyadarshi Moti Sharan, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2020 The petitioner is aggrieved by the inaction on the part 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
Patna High Court CWJC No.7864 of 2019(6) dt.27-02-2020 2/2 invalid.
The petitioner joined the service on 25.1.2007 whereas the decision to de-recognize the degree of HindiSahitya Sammelan, Allahabad was taken on 27.9.2008. At the time when the petitioner entered the service the degree of Hindi Sahitya Sammelan, Allahabad was valid and as such finding fault with the qualification of the petitioner n the basis of decision subsequent to entry in the service is unsustainable. Similar issue was considered by this Court in CWJC No. 4455 of 2017 vide order dated 2.7.2019 where this Court has noted the aforesaid submission and allowed the writ petition.
In order to maintain consistency, the present writ petition is also allowed in terms of the order dated 2.7.2019 passed in CWJC No. 4455 of 2017.
(Anil Kumar Upadhyay, J) spandey/- U