Bidyanand Bibhu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22860 of 2012 ======================================================

1. Bidyanand Bibhu S/O Hari Nandan Bibhu R/O Vill-Kamat Kishunganj, P.S.-Chhatupur, Distt-Supaul .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary, Human Resource Department , Govt. Of Bihar, Patna

2. The Secretary, Human Resources Department , Govt. Of Bihar, Patna

3. The Director, Primary Education , Bihar, Patna

4. The Joint Secretary, Human Resources Department , Govt. Of Bihar, Patna

5. The District Education Officer, Supaul

6. The District Programme Officer(Establishment), Supaul .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Respondent/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2018 The following reliefs have been sought for on behalf of the petitioner:- (i) For quashing the order dated 21.08.2012 contained in Memo No. 895, issued by the District Education Officer (Respondent no.5), Supaul, whereby selection/ appointment of the petitioner on the post of Assistant Teacher has been cancelled with immediate effect on the ground that the teachers training certificates of the petitioner has been issued by All India Correspondence Society, Kolkata, which is not legally recognized.

(ii) For further direction upon the respondent authorities to reinstate the petitioner on his previous post i.e. Assistant Teacher and allow him to discharge duty.

The petitioner was appointed on the post of Assistant

Patna High Court CWJC No.22860 of 2012 (4) dt.03-01-2018 2/2 Teacher in the Primary School. The order under challenge is Annexure-6 to the present writ application, which indicates that the petitioner had obtained his Training certificates from an unrecognized institution by the State. Hence his services from the post of Assistant Teacher has been terminated. If any departmental proceeding is also directed to be initiated, still there will be no change in the result. Recognition of an institution by the State Government is its prerogative, under a policy decision. If the institution falls within the category of unrecognized institution, it would not be proper for the court for directing the respondents to accept the training certificates of the petitioner as a valid certificate, which he had obtained from an unrecognized institution.

Considering the aforesaid facts and circumstances, I am not inclined to grant any relief to the petitioner. The present writ application stands dismissed. (Sudhir Singh, J) Amit/- U