Ram Narayan Raman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15994 of 2012 ======================================================

1. Ram Narayan Raman S/O Late Saryug Sahu R/O Village- Hirpatty, P.O.- Karkardov,P.S.- Laukahi, Distt.- Madhubani .... .... Petitioner

Versus

1. The State Of Bihar through Chief Secretary, Bihar, Patna

2. The Principal Secretary (HRD)

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

4. The District Education Officer, Siwan

5. The District Programme (Establishment) Officer, Siwan

6. The Block Education Officer, Guthni, Siwan

7. The Bihar Sub-ordinate Staff Selection Commission, Patna through its Secretary.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan, Advocate. For the Respondent/s : Mr. Abhay Shankar Jha Sc14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2018 Learned counsel for the State is permitted to make necessary correction in para-5 of the counter affidavit in course of day.

The petitioner in the present writ application has sought for direction upon the respondent authorities for quashing the order issued vide Memo No.259 dated 29.06.2012 issued b y the Respondent no.4 (contained in Annexure-11) by which the appointment of the petitioner has been cancelled on the ground that the certificate of teachers- training is not valid. The petitioner had applied for the appointment on the post of Assistant Teacher in the Primary School. One of the

Patna High Court CWJC No.15994 of 2012 (6) dt.03-01-2018 2/3 requisite qualifications as per Clause-5 (ii) to the Advertisement is as follows:- "Ok'kZ 1995 ds iwoZ dsUnz vFkok fdlh jkT; ds )kjk ekU;rk izkIr laLFkku ls nks o'khZ; izf"k{k.k ijh{kk vFkok ch0,M0 dh ijh{kk mRrh.kZ gksA o'kZ 1995 ds ckn ,u0lh0Vh0bZ0 )kjk ekU;rk izkIr laLFkku ls nks o'khZ; f"k{kd izf"k{k.k fMIyksek ;k ch0,M0 vFkok ch0,y0,M0 dh ijh{kk mRrh.kZ gksA"

As far as petitioner is concerned, he has obtained the training certificates from N.C. Chaturvedi School for the Deaf & Training College for Teachers of the Deaf, Aishbagh (Tilak Nagar), Lucknow. As far as appointment is concerned, that do not relate to the appointment against such vacancy for Deaf. Since the petitioner did not qualify as per Clause-5(ii) to the advertisement, he has been terminated from the services, which is Annexure-11 to the present writ application. Following statement has been made in para-5 of the counter affidavit:- "That in reply to para 4 and 5 of the writ petition it is stated that the degree of petitioner as contained in Annexure-3 was not recognized for the purpose of appointment of the assistant teachers advertised by the Staff Selection Commission, Bihar bearing advertisement no. 210/2010. Clause-5 of the

Patna High Court CWJC No.15994 of 2012 (6) dt.03-01-2018 3/3 advertisement details about educational qualification of the candidates wherein degree namely CT (deaf) is not mentioned for appointment on the post and therefore petitioner was not entitled for appointment on the post on the basis of his qualification of CT (deaf)." Considering the fact that the petitioner did not qualify as per Clause-5(ii) of the advertisement, I find no merit in the present writ application.

The present writ application stands dismissed. (Sudhir Singh, J) Amit/- U