Md. Islam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1075 of 2024 ====================================================== 1.
Md. Islam son of Md. Habib, Resident of Village-Gowalpara, P.O. and P.S.- Gowalpara, District-Madhepura.
2.
Ramanand Das, son of Late Gulab Das, Resident of Village-Bishwari, P.O. and P.S.-Gowalpara, District-Madhepura.
3.
Pramod Kumar, son of Bindeshwari Prasad Yadav, Resident of VillageBishanpura Arar, P.O. -Arar (O.P.), District-Madhepura. 4.
Kalanand Das, son of Late Krishna Das, Resident of Village-Sahpur, P.S.- Gowalpara, District-Madhepura.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Addl. Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Director, Primary Education, Government of Bihar, Patna. 3.
The Bihar Staff Selection Commission Patna through its Secretary. 4.
The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar, Adv.
For the Respondent/s :
Mr. Standing Counsel (4) For the BSSC :
Md. Aslam Ansari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-10-2025 Heard the parties.
2. The petitioners are the aspirants for the post of Assistant Teachers under Advertisement no.210/2010, have approached this Court seeking a direction upon the respondent(s) to consider their prayer for appointment on the post of Assistant Teachers by treating their degree of Teachers Training Course obtained from Gandhi Hindi Vidyapith, Prayag as duly recognized.
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3. Learned Advocate for the petitioners submitted that the persons who obtained the certificates from Gandhi Hindi Vidyapith, Prayag have been considered for appointment to the post of Assistant Teachers but in the case of the petitioners, discrimination has been caused. To support the aforesaid contention, attention of this Court has been drawn to AnnexureP/11 and referring thereto, it is submitted that one Sanjeev Kumar, who had also obtained degree from Gandhi Hindi Vidyapith, Prayag, was duly selected. It is the contention of the petitioners that the candidates who have obtained degree prior to the Session 1993-1994, their candidatures were considered and have been appointed to the post of Assistant Teachers but the claim of the petitioners have not been considered.
4. A counter affidavit has been filed on behalf of the Bihar Staff Selection Commission with categorical averment in para-8 thereof that on verification, all the petitioners were not found fit for selection.
5. It is submitted that in the list of selected candidates of Assistant Teachers (under advertisement no.210/2010) since two years of Basic Training Certificate (BTC) session is not under the category of cut-off session, besides absence of some of the petitioners in counselling as well as no clarity of session
3/4 in certificate, the petitioners have not been selected. It is further contended that the entire exercise have already come to an end way back in the year 2015 itself. All the more, the issue regarding validity of degree/certificate from Gandhi Hindi Vidyapith, Prayag Allahabad was considered by the Apex Court in SLP (C) No.20181/2010 (Rajesh Roushan v. State of Bihar); wherein the Court held that candidate(s) passing Basic Teacher Training degree from the above said institute not entitled for any employment under any government or agency/instrumentality of State. In the light of the order aforenoted, the Government in the Department of Education also issued order vide Memo No.7/Misc/-39/2013-398 dated 26.03.2013 holding qualification from Gandhi Hindi Vidyapith Prayag Allahabad not valid for appointment.
6. At this juncture, learned Advocate for the petitioners submitted that even in the year 2024 some of the candidates whose certificates have been found forged and fabricated, they have been ousted and in place of those candidates, other eligible candidates have been selected. He thus submitted that for redressal of their grievance, the petitioners may be permitted to approach before respondent no.2 with regard to genuiness of their certificates.
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7. In view of the submission advanced by the learned Advocate for the petitioners, the present writ petition stands disposed off with liberty to the petitioners to approach before respondent no.2 for redressal of their grievance. (Harish Kumar, J) rohit/- U