Archana Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10727 of 2020 ============================================== Archana Singh D/o Ravi Singh, resident of Village and Post Satedh, Via Budhangra, P.S. Nanpur, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through its the Commissioner cum-Secretary, Human Resources Dept. Govt. of Bihar, Patna.

2.

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

The District Magistrate, District - Sitamarhi. 4.

The District Education Officer, District - Sitamarhi. 5.

The District Program Officer, Establishment Sitamarhi. 6.

The Secretary, Block Employment Unit,-cum-Block Development Officer, Bokhara Block, District - Sitamarhi.

7.

The Chairman, Block Employment Unit, Bokhara Block District - Sitamarhi.

... ... Respondent/s ============================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar For the Respondent/s :

Mr. Vivek Anand Amritesh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-11-2021 Heard Mr. Niraj Kumar, the learned counsel for the petitioner and Mr. Vivek Anand Amritesh, the learned counsel for the State.

The petitioner was appointed as a Block Teacher but her appointment was set aside on the ground that the certificate of intermediate obtained by her was from an Institute which is not recognized by the Government of

Patna High Court CWJC No.10727 of 2020(5) dt.16-11-2021 2/3 Bihar. The name of that institute is 'Central Board of Higher Studies'.

Aggrieved by the aforesaid decision of cancellation of her appointment, she preferred an appeal before the District Teacher Employment Appellate Authority, Sitamarhi for redressal of her grievance.

The District Teacher Employment Appellate Authority, Sitamarhi passed an order setting aside the order of termination of the petitioner and directed for her reinstatement. The petitioner is not being reinstated and the respondents have not even challenged the order of the District Teacher Employment Appellate Authority. Perforce, the petitioner had to approach this Court. The affidavit filed on behalf of the Additional Chief Secretary, Education Department, Govt. of Bihar indicates that a degree issued by the "Central Board of Higher Studies" has not been recognized by the State of Bihar. He has further stated that in two of the decisions of this Court, the aforesaid Institute has been held to be a fake Institute, selling degrees to gullible students. It has also been stated

Patna High Court CWJC No.10727 of 2020(5) dt.16-11-2021 3/3 in the affidavit that without taking notice of the aforesaid dictum of two of the Division Benches of this Court, some orders have been passed recognizing the degree from such an Institute.

Be that as it may, in paragraph -13 of the affidavit referred to above, it has been averred that against the order passed by the District Teachers Employment Appellate Authority, an appeal has already been filed before the State Appellate Tribunal vide Case No. 50/2021, which is still pending adjudication.

Under the aforesaid circumstances, this Court requests the State Appellate Tribunal to dispose of the aforesaid case (Case No. 50 of 2021) within a period of three months from the date of receipt of a copy of this order.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U