Gagandeo Prasad @ Gagan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11701 of 2014 =========================================================== Gagandeo Prasad @ Gagan Prasad, Son of Late Kunkun Prasad, Resident of Village- Dhankharaiyan, P.O. + P.S.- Harsidhi, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary, Human Resource Development Department, Govt. of Bihar, New Secretariat, Patna

3. The Director, Department of Education, Govt. of Bihar, New Secretariat, Patna

4. The Deputy Director, Education Department (Secondary Education) Govt. of Bihar, Patna

5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur

6. The District Education Officer, East Champaran

7. Shri Ramlal Sonalal Balika Uchha Vidyalay, Harsiddhi, East Champaran through its Principal .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. SC9- Raj Nandan Pd. =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 26-09-2018 Heard learned counsel for the petitioner and State.

2. The petitioner is aggrieved by the order as contained in Memo No. 603 P dated 22.07.2008 (Annexure-1) by which the claim of the petitioner for approval of service was rejected on the ground that the B.Ed. degree is not valid.

3. Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner submits not only in Project Schools and other Schools, but in the matter of appointment against 34540 Assistant Teachers, the persons, who obtained the B.Ed. degree from Rashtriya Patrachar Sansthan, Kanpur, were considered and appointed and they have further considered for grant of promotion.

4. Considering the above, the writ application is

Patna High Court CWJC No.11701 of 2014 dt.26-09-2018 2/2 disposed of with liberty to the petitioner file representation before the Director, Secondary Education referring to the cases of such teachers, who have been favoured with the appointment or even granted promotion, who have obtained the degree of B.Ed. from Rashtriya Patrachar Sansthan, Kanpur. In the event, it is found that other similarly circumstanced have been favoured with appointment or considered for promotion then in that situation either the Director, Secondary Education would extend the similar treatment to this petitioner or adopt corrective measures after providing opportunity of hearing to the concerned persons and if the Director, Secondary Education is of the view that the B.Ed.

degree obtained from Rashtriya Patrachar Sansthan, Kanpur is not valid for appointment, necessary corrective measures shall be taken either granting similar treatment to the petitioner or reverting those beneficiary on the strength of such B.Ed. certificate obtained from Rashtriya Patrachar Sansthan, Kanpur within a period of four months from the date of filing of such representation along with a copy of this order.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2018 Transmission Date