Nishi Kant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1690 of 2019 In Civil Writ Jurisdiction Case No.21331 of 2013 ====================================================== 1.

Nishi Kant Yadav son of Manik Lal Yadav, resident of village- Dulalganj, Police Station- Amour, District- Purnia, presently posted as Assistant Teacher, Project Girls High SChool, Bishwadighi, P.O. Mahisal, P.S. balrampur, District- Katihar.

2.

Gajendra Nath Das, son of Late Madhusudan Lal Das, resident of villageRangpur, P.O. Sudhani, P.S. Balrampur, District- Katihar. presently posted as Assistant Teahcer, Project Girl's High School, Bishwadighi, P.O. Mahisal, P.S. Balrampur, District- Katihar.

3.

Md. Faiyaz Alam, son of Late Latifur Rahman, resident of village- Birnagar, P.O. Karandighi, P.S. Balrampur, District- Katihar. presently posted as Assistant Teahcer, Project Girl's High School, Bishwadighi, P.O. Mahisal, P.S. Balrampur, District- Katihar.

4.

Bishwa Nath Yadav, son of Late Amik Lal Yadav, resident of villageDilalganj, P.S. Amour, District - Purnea, presently posted as Assistant Teacher, Project Girl's High School, Bishwadighi, P.O. Mahisal, P.S. Balrampur, District- Katihar.

... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Director, Secondary Education, Budh Marg, Patna- 800001. 3.

The Regional Deputy Director of Education, Purnea. 4.

The District Education Officer, Katihar.

5.

The Principal, I/C Project Girl's High School, Bishwadighi, P.O. Mahisal, P.s. Balrampur, District- Katihar.

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

For the Appellant/s :

Mr. Ajit Kumar Ojha, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 14-11-2024 The appellant has assailed the order of the learned Single Judge dated 31.07.2019 passed in CWJC No. 8693 of

Patna High Court L.P.A No.1690 of 2019(6) dt.14-11-2024 2/3 2014. Petitioner's candidature for recruitment to the post of assistant teacher was turned down by the official respondent. Resultantly, petitioner is before this Court. The learned Single Judge proceeded to pass the following order:- "The issue as to the validity of the degree of Teachers Training is no more res integra. The LPA Court in LPA No. 1658 of 2014 has already decided this issue vide judgment dated 17.05.2017.

In view of the above, the Court does not find any merit in the instant writ application. Accordingly, the present writ application is dismissed."

2. Earlier, Co-rdinate Bench in LPA No. 1658 of 2014 arising out of CWJC No. 19276 of 2012 in the case of Bande Lal Mehta and Ors. considered the order of the learned Single Judge and dismiss the appeal filed by the Bande Lal Mehta and Ors.

3. Core issue involved in the present list is whether degree certificate possessed by the Appellants namely Rashtriya Patrachar Sansthan, Kanpur, Uttar Pradesh is recognised institution and degree certificate is authenticated or not? In this regard, State of Bihar inquired into the matter and proceeded to pass order vide Memo No. 7/वव०-18/12437 dated 26.06.2017 in

Patna High Court L.P.A No.1690 of 2019(6) dt.14-11-2024 3/3 which it is held as under:- "h) वविशेष सवचिवि, उत्तर प्रदशेश शशासन नशे अपनशे पतत्रांक 1043/सत्तर-3-2012 वदनत्रांक 24.05.2012 संसूवचित वकयशा ह वक रशाष्टट्रीय पतशाचिशार संस्थशान, कशानपुर, कशानपुर वविश्ववविदशालय, कशानपुर सशे ककोई संस्थशान नहहीं ह।"

4. The aforementioned finding of the State Government read with the Co-ordinate Bench decision in the case of Bande Lal Mehta and Ors. suffice to not to interfere with the order of the learned Single Judge.

5. Accordingly, the present LPA No. 1690 of 2019 stands dismissed reserving liberty to the appellants to assail the decision of the State Government dated 26.06.2017, in accordance with law.

6. Pending I.A.(s) if any, stands disposed of. (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Ankit Kumar/- U