Kumari Meera Gunjan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4227 of 2018 ======================================================

1. Kumari Meera Gunjan D/o Sudama Pd, W/o Ratnesh Kumar Ratna, resident of Village+ P.O.- Bashaw, District Siwan, at present Senior Secondary Teacher, Rajendra Collegiate School Chapra (Saran).

2. Nasreen Ara, daughter of Abdul Kareem, resident of MohallaRahat Road Karim Chak, P.O.- Chapra, P.S.- Nagar Chapra, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Joint Secretary to the Department of Education, Government of Bihar, Patna.

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The Regional Deputy Director Education Saran Division At Chapra.

6. The District Education Officer, Saran at Chapra.

7. The District Programme Officer (Establishment) Saran at Chapra.

8. The Chapra Nagar Parishad Chapra, Saran through its Executive Officer.

9. The Executive Officer Chapra Nagar Parishad Chapra, Saran.

10. The Chairman Chapra Nagar Parishad Teachers Appointment Committee Chapra Saran.

11. The Zila Parishad Chapra, Saran though its Executive Officer.

12. The Executive Officer, Zila Parishad Chapra, Saran.

13. The Chairman Chapra Zila Parishad Teachers Appointment Committee Chapra Saran.

14. The Head Master, Rajendra Collegiate School Chapra (Saran).

15. The Head Master , Yadav Kshetriya Uchh Vidyalay, Khodaibagh, Jalalpur, Saran.

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

For the Petitioner/s :

Mr. Ujjwal Kumar Sinha, Advocate For the State :

Mr. Narendra Kumar, AC to GP20 For Zila Parishad :

Mr. Nikesh Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and Mr. Nikesh Kumar, learned counsel appearing on behalf of the Zila Parishad. Learned counsel for the petitioner submits that in view of

Patna High Court CWJC No.4227 of 2018(2) dt.13-03-2018 2/3 the notification dated 12.4.2017, Annexure-3, whereby the State Government has recognized B.Ed. degree obtained from Jammu & Kashmir, there is no question of dispensing with the services of the petitioner treating the degree of B.Ed. as not recognized. He submits that the petitioner has approached the authorities and submitted, decision dated 12.4.2017 Annexure-3 of the Education Committee, Government of Bihar.

In view of the notification dated 12.4.2017 of the Government, the petitioner is directed to approach the Director, Primary Education by filing representation enclosing the document, contained in Annexure-3 and in case such representation is filed within a reasonable time, the Director, Secondary Education will look into the grievance of the petitioner and decide the matter and pass appropriate order in view of Annexure-3.

The writ petition is disposed of with direction to the Director, Secondary Education to take final decision with regard to the validity of the degree of B.Ed. obtained by the petitioner within a maximum period of 60 days from the date of receipt/production of a copy of this order.

Needless to state here that the salary of the petitioner, if stopped on the ground of enquiry as to the legality and validity

Patna High Court CWJC No.4227 of 2018(2) dt.13-03-2018 3/3 of degree of B.Ed. obtained by the petitioner, the respondent No. 2 is required to also consider and pass appropriate order for payment of arrears as well as current salary, if the degree obtained by the petitioner is legal and valid and recognized by the State Government as it appears from Annexure-3. (Anil Kumar Upadhyay, J) spandey/- U