Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11702 of 2022 ====================================================== Ram Kumar S/o Sita Ram Singh R/o Village- Ramnagra P.O.- Sirauli, P.S.- Riga, DistrictSitamarhi working as Panchayat Teacher in Primary School Bhandari Pustakalaya, BlockBelsand, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Bihar, Patna. 3.

The Secretary, Primary Education, Education Department, Bihar, Patna. 4.

The Director, Primary Education, Education Department, Bihar, Patna. 5.

The District Education Officer, Sitamarhi.

6.

The District Programme Officer, Establishment, Sitamarhi. 7.

Block Education Officer, Belsand, Sitamarhi.

8.

The Panchayat Secretary, Panchayat Niyojan Unit, Panchatati Raj Bhandari, BlockBelsand, Sitamarhi. 9.

The Secretary, Department of School Education and Literacy, Ministry of Human Resource Development, Delhi.

10.

The Secretary, Legislative Department, Ministry of Law and Justice, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Adv.

For the U.O.I.

:

Mr. Anshuman Singh, Adv.

Mr. Ranjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 04-01-2023

1. Admittedly the petitioners had joined the training but have remained unsuccessful in completing the same. This matter comes under Category "B & F" in Judgment dated 19.10.2022 passed in C.W.J.C. No. 16214 of 2019 (Md. Ataur Rahman & Ors. Vrs. Union of India & Ors.) and analogous cases.

"CATEGORY 'B' AND 'F'

"18. Keeping in view above, the present bunch of petitioners, who have not

Patna High Court CWJC No.11702 of 2022(3) dt.04-01-2023 2/3 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 failed in the examination, the view taken as above,

Patna High Court CWJC No.11702 of 2022(3) dt.04-01-2023 3/3 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.The aforesaid judgment and orders passed hereinabove shall apply mutatis mutandis to the case of the petitioner too.

3.Keeping in view above, the writ petition is dismissed with aforesaid observations.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 14 U