Md. Shamim Anwar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7939 of 2014 ===========================================================
1. Md. Shamim Anwar S/O Md. Safique Ansari Resident of Village- Nabbi Nagar, P.S.- Piro, District- Bhojpur
2. Md. Seraj Khan S/O Md. Sajsad Hussain Khan Resident of Village- Milki, P.S.- Piro, District- Bhojpur
3. Md. Iqubal Khan S/O Md. Muslim Khan Resident of Village- Bagahi, P.S.- Behia, District- Bhojpur
4. Md. Maqsood Alam S/O Md. Unush Resident of Village- Sikarhatta Kalan, P.S.- Sikarhatta, District- Bhojpur
5. Kamal Hassan S/O Md. Hussain Resident of Village- Barh Samaila, P.S.- Kewati, District- Darbhanga
6. Habiba Khatoon W/O Fakruddin Khan Resident of Village- Rani Sagar, P.S.- Sahpur, District- Bhojpur
7. Md. Shabbir Alam S/O Ehsanul Haque Resident of Village- Pachgachhia, P.S.- Balia belon, District- Katihar
8. Md. Naushad Khan S/O Md. Maslehuddin Khan Resident of Village- Biddi, P.S.- Chainpur, District- Kaimur .... .... Petitioner/s
Versus
1. The State of Bihar, through Chief Secretary Govt. of Bihar, Patna
2. Principal Secretary, Human Resources Department Govt. of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The Joint Secretary, Dept. of Education, Patna
5. The District Education Officer, Bhojpur
6. District Programme Officer, Bhojpur
7. District Magistrate, Bhojpur
8. Secretary, Bihar Staff Selection Commission, Patna .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajkumar Rajesh For the Respondent/s : Mr. GP21- Sanjay Pandey =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 27-07-2016 Heard learned counsel for the parties.
Issue is very limited, whether holders of a teachers training degree from what is known as Jamia Urdu Aligarh, U.P. can be given benefit of the said degree and appointments be made on
Patna High Court CWJC No.7939 of 2014 dt.27-07-2016 2/3 the post of teachers in the State of Bihar.
The impugned order, contained in Annexure-10, dated 09.05.2012 clearly held that the institution in question does not figure in the list of approved institution, either on the website of NCTE or on the website of the UGC as a recognized university under the Act.
Even today nothing has been produced on behalf of the petitioners to negate the findings given with regard to the status of the institution.
In these days of information technology, this information is very easily available and verifiable. If the petitioners are not succeeded in obtaining any evidence contrary to the findings given with regard to the said institution since 2012, when the impugned order, contained in Annexure-10, was passed, this Court will not enter into any kind of argument with regard to the degree or the right of these petitioners to continue or be appointed as a teacher under the trained category.
Counsel for the petitioners submits that there are many people, who have been appointed and are continuing in that capacity as a teacher in the State of Bihar. Petitioners have free to bring the list of such candidates to the knowledge of the Director, Primary Education, Government of Bihar, Patna, who will surely redeem the situation by weeding out such persons, having phony and unrecognized degrees.
Patna High Court CWJC No.7939 of 2014 dt.27-07-2016 3/3 Writ application is otherwise dismissed, as Annexure-10 is not required to be interfered with for the reasons indicated above. (Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.
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