Dileep Kumar Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10582 of 2008 ====================================================== Dileep Kumar Thakur, son of Shri Yygau Thakur, resident of Mohalla Khanpur (Brahman Tola) P.S. Khanpur, District- Samastipur... ... Petitioner/s

Versus

1. The State Of Bihar through the Secretary, Human Resources Development Department, Govt. of Bihar, Patna

2. Chairman Zila Parishad (District Board), Samastipur/ Deputy Development Commissioner cum Chief Executive Officer, Samastipur

3. The Director (Secondary Education) Human Resources Development Deptt. Bihar, Patna

4. District Education Officer, Samastipur cum Secretary zila Parishad, Secondary School Teachers appointment Committee

5. The Head Master, High School, Hansopur, P.S. Khanpur, DistrictSamastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Singh, Advocate For the State :

Mr. Kinkar Kumar (SC-9) Mr. Yogesh Kumar, AC to SC 9 For Zila Parishad :

Mr. Satya Prakash Tripathy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 18-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the Zila Parishad.

Learned counsel for the petitioner has drawn the attention of the Court on the office order dated 14th June, 2008 passed by District Education Officer, Samastipur, contained in Annexure-5, whereby on account of cancellation of the degree of B.Ed. Obtained from S.Waqueel Ahmad Teacher Training College, Darbhanga, the services of the petitioner was dispensed with. Learned counsel for the petitioner submits that after the decision in the case of Fakhruddin Ali Ahmad Teachers' Training

Patna High Court CWJC No.10582 of 2008 dt.18-09-2018 2/2 College & anr. Vs. The State of Bihar & Ors, reported in 2008 (3) PLJR 131, the issue as to validity of certificates of teachers training of S.Wakil Ahmad Teachers Training College was also considered in CWJC No. 2826 of 2000 and following the decision of Fakhruddin Ali Ahmad Teachers' Training College case (supra) and S.Wakil Ahmad Teachers Training College, L.N.Mithila University issued notification dated 06.01.2018, whereby the University on the basis of the decision of the Syndicate and the Senate declared the result of S.Waqueel Ahmad Teacher Training College, Darbhanga as valid.

In view of the aforesaid development, the order contained in Annexure-5 cannot sustain. The respondents have to take appropriate decision and corrective measures in the light of the notification dated 6.1.2018 contained in memo of XC/21322372/18 within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2018 Transmission Date