Patna High CourtCWJC/4747/2014dismissed

Amitabh Shankar v. The State Of Bihar And ORS

2016-02-18Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4747 of 2014 =========================================================== Amitabh Shankar, Son Of Shri Jimutesh Sharma, Resident Of Village - Badhaiya, Police Station - Mirganj, District - Gopalganj .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department, Government Of Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Magistrate, Gopalganj

5. The District Education Officer, Gopalganj

6. The District Programe Officer ( Establishment ), Gopalganj

7. The Block Development Officer, Hathua, District - Gopalganj

8. The Block Education Officer, Hathua Block, District - Gopalganj

9. The Mukhiya, Gram Panchayat Raj Machhagar Lakshiram, Block Hathua, District - Gopalganj

10. The Panchayat Secretary, Gram Panchayat Raj Machhagar Lakshiram, Block Hathua, District - Gopalganj

11. The Member, District Teacher'S Employment Appellate Authority, Gopalganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Chandra Shekhar Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 18-02-2016 Heard learned counsel for the parties.

The whole issue raised by the petitioner now remains academic with the change in rules and law as well as clear directive issued from the National Council of Teachers Education. No person can be appointed as a teacher of any kind of post unless the person passes the eligibility test required to be held by States including the State of Bihar.

Whatever be the decision and the direction issued earlier,

Patna High Court CWJC No.4747 of 2014 dt.18-02-2016 2/2 if certain changes have come about in the law and in the manner in which such selection are required to be made, till a candidate earns that eligibility or fulfills the requirement, this Court is not willing to pass any order for any selection or appointment, which anyway relates to the period 2008, since much has happened since then. Writ application, therefore, is dismissed, as being academic.

(Ajay Kumar Tripathi, J) SKM/- U