Kumari Mridula v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1276 of 2016 =========================================================== Kumari Mridula daughter of Sri Shivjee Prasad Mahto wife of Indradeo Prasad Rai Resident of village- Dhamaun, P.S. Patori, District- Samastipur at present Assistant Teacher, Upgraded Middle School, Nawada Kala, P.S.- Hajipur, District- Vaishali .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Human Resources Department, Government of Bihar, Patna
2. Director, Elementary Education, Government of Bihar, Patna
3. District Education Officer, Vaishali
4. Bihar University now B.R.A.Bihar University through its Registrar, Muzaffarpur, District Muzaffarpur .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Natraj Verma, Adv. For the Respondent/s : Mr. Prabhu Narain Sharma, AC to A.G. For B.R.A.University : Mr. Santosh Kumar Jha, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 19-12-2016 Heard Mr. Natraj Verma, learned counsel appearing for the petitioner, Mr. Prabhu Narain Sharma, AC to AG and Mr. Santosh Kumar Jha, learned counsel appearing for B.R.Ambedkar Bihar University.
With the consent of the parties the matter has been heard with a view to final disposal at the stage of admission itself. The writ petition has been filed praying for quashing of the letter bearing No. 941 dated 9.2.2015 of respondent no.3 i.e. Disrict Education Officer, Vaishali, copy of which is impugned at Annexure11 to the writ petition, whereby the appointment of the petitioner to the post of Assistant Teacher has been cancelled, inter alia, on
grounds that the petitioner had obtained Teachers Training qualification from an institution which was not recognized by the State Government.
The petitioner is one amongst 34540 trained teachers whose appointments were the subject matter of litigation pending before the Supreme Court in regard to their genuineness in training qualification. It is following the order passed by the Supreme Court that a review has taken place and when according to the respondent District Education Officer the petitioner was held to have secured her training qualification from Arajkiya Arya Prathmik Shikshak Shiksha Mahavidyalaya, Chhatwara, Mahua, in the district of Vaishali, which was not a recognized institution for imparting Teachers Training qualification. According to the petitioner, the premise itself is incorrect because it is following the order of the Supreme Court that the examinations were held in the year 1988 which included the students of the institution in question and the qualification held by her is on the basis of the said examination which was conducted by the B.R.Ambedkar Bihar University.
It is in the nature of dispute raised by the District Education Officer to disqualify the petitioner on her appointment in the background of the stand taken by the petitioner that the University was added as a party and following the notice served that Mr. Jha has
responded with an affidavit and paragraphs 5 to 7 of the affidavit by itself is sufficient to allow the writ petition. It is specifically stated by the University that the institution in question, namely, Arajkiya Arya Prathmik Shikshak Shiksha Mahavidyalaya, Chhatwara, Mahua was given affilication for B.Ed. course for the Session 1983-84 by the respondent University and the petitioner was student of the course during Session 1983-84. It is further mentioned at paragraph 7 that the examination of the Sessions 1983-84 was held following direction of the Supreme Court present at Annexure 5 and in which the petitioner was an examinee and was declared successful in 2nd Division.
In view of the stand taken by the University, whatever be the doubt regarding genuineness of the certificate towards Teachers Training qualification possessed by the petitioner to secure appointment of Assistant Teacher stands clear and for the same reason the order of termination dated 9.2.2015 passed by the District Education Officer, Vaishali becomes unsustainable and accordingly, quashed and set aside. The writ petition is allowed. The petitioner is restored to her post.
(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.12.2016 Transmission NA
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