Sita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10719 of 2022 ====================================================== Sita Kumari Wife of Kedar Prasad, Resident of Village - Haripur Dharmpur, P.O. - Sikta, P.S. -Sikta, District - West Champaran, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Secretary, Department of Education, Government of Bihar, Patna. 4.
The Director, Primary Education, Department of Education, Government of Bihar, Patna.
5.
The Director, State Council of Educational Research and Training, Mahendru, Patna (Bihar) - 800006.
6.
The District Magistrate, Collectorate, Bettiah, District - West Champaran. 7.
The Block Development Officer, Block - Sikta, District - West Champaran. 8.
The District Education Officer, Bettiah, District - West Champaran. 9.
The District Program Officer (Establishment), District - West Champaran. 10.
The Principal, District Institute of Education and Training (DIET), Kumarbagh, District - West Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abu Nasar, Adv.
For the State :
Mr. Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 11-01-2023
1. Both counsels are at ad idem that this issue raised by the petitioners is governed by the adjudication of this Court in C.W.J.C. No. 16214 of 2019 (Md. Ataur Rahman & Ors. Vrs. Union of India & Ors.) and analogous cases as reported in 2023 (1) B.L.J. 176 in Category "B".
"18. Keeping in view above, the
Patna High Court CWJC No.10719 of 2022(3) dt.11-01-2023 2/3 present bunch of petitioners, who have not acquired their training as on 31.03.2019 are held to be ineligible to hold the post of teacher after 31.03.2019 in the Primary Schools.
19. Amongst the present bunch of teachers, those who have already undergone the training and their result has been withheld for one reason or the other, shall now become eligible only if they have passed the training course. In view of candid statement made by the learned counsel for the N.I.O.S. pointing out that the requirement of obtaining 50% at the Intermediate level has been done away with, it is expected from the N.I.O.S. to declare the results of the teachers within a period of 15 days henceforth and if the teachers have already passed the training course, they shall be given the same benefit as given to the teachers of category 'A' namely that they shall be treated as freshly appointed teachers from the date they have acquired the training and from the date result is declared and have passed the examination and will be allowed to continue. Their earlier period of service shall not be counted for any purpose at the same time no recovery shall be made from the salary which they have drawn.
20. As regard the teachers, who have
Patna High Court CWJC No.10719 of 2022(3) dt.11-01-2023 3/3 failed in the examination, the view taken as above, shall apply to them and, their services are liable to be terminated. However, it is for the State government to take a view whether those who passed the supplementary examination should be allowed to continue as freshly appointed teachers or not or otherwise they shall be allowed to participate in the fresh selections which may be conducted by the State Government. Such teachers who would be allowed to participate, in fresh selections will be given benefit of age relaxation considering that they were working on the post with a promise that they will be allowed to complete their training rendered out by the State Government."
2. Accordingly, as the petitioners has not qualified, the writ petition is dismissed.
(Sanjeev Prakash Sharma, J) Sachin/- Item No. 12 U