Surendra Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1306 of 2015 In Civil Writ Jurisdiction Case No.10570 of 2010 ====================================================== 1.

Surendra Kumar Singh S/o Late Bindeshwar Singh Resident of Village Teera, P.O. Chero, P.S. Harnaut, District Nalanda. 2.

Shrawan Kumar S/o Late Yogeshwar Das Resident of Village Nehusa Sudama Puri, P.O. Nehusa, P.S. Harnaut, District Nalanda.

... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna.

2.

The District Development Department, Bihar, Patna. 3.

The District Superintendent of Education, Nalanda at Bihar Sharif. 4.

The Block Education Extension Officer, Harnaut, Nalanda. 5.

The Mukhiya, Gram Panchayat Nehusa, Harnaut.

6.

Pramod Kumar S/o Ganesh Prasad Resident of Village Sherpur, P.S. Harnaut, District Nalanda.

7.

Kiran Kumari W/o Sunil Kumar Resident of Village Sherpur, P.S. Harnaut, District Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binod Kumar Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 21-08-2017 Heard learned counsel for the appellants, counsel for the private-respondent and the State as well as perused the order, dated 22.06.2015.

Since the decision of the Learned Single Judge is based on the principle laid down by a Division Bench with regard to the status of any certificate issued by Hindi Vidyapeeth, Deoghar, which is the basis of arguments and submissions of the

Patna High Court LPA No.1306 of 2015(3) dt.21-08-2017 2/2 appellants, it does not help the appellants in any manner. They cannot get employment on the post of a Panchayat Teacher by any means now in absence of requisite degree or valid qualification. Moreover, since the private-respondent had already been appointed and continued to be on the post as a Panchayat Siksha Mitra on the notional date i.e. 01.07.2006, their right for continuance is supported by way of declaration given by the Full Bench in the case of Kalpana Rani Vs. The State of Bihar, reported in 2014 (2) P.L.J.R. 665.

The observation of the Learned Single Judge does not suffer from any vice.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U