IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.757 of 2009 ANIL KUMAR SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 4 27.6.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has prayed for quashing of the part of letter dated 13.12.2008 contained in memo no. 2053 issued under the signature of Director, Secondary Education, addressed to all District Education Officer and District Superintendent of Education, whereby list of unrecognized non- Government Teachers Training Colleges, have been communicated. Name of National Urdu Primary Teachers Education College, Madhubani has been included in the list at serial No.3. Petitioner has taken his primary teachers training degree from National Urdu Primary Teachers Education College, Madhubani in the Sessions 1986- 1988. It was an institution recognized for imparting education of teachers training course, as the Government of Bihar Vide letter contained memo No. 1148 dated 30.11.1987 ( Annexure-1) had granted recognition to this institution for the Sessions 1984- 1986,1985-1987 and 1986-1988. The State 2 Government again vide memo no. 1049 dated 6.9.1988 (Annexure 1/A) extended recognition for the Sessions 1986-1988 till further orders. A notice was issued by the Human Resources Development Department, Government of Bihar, Patna on 26.4.1990, whereby list of all recognized non- governmental teachers training institutions were published and in this notice also name of this institution was included and the period for such recognition has been allowed was mentioned. So far the National Urdu Teachers’ Education College is concerned, it was mentioned at Serial No. 13 and the recognition was to continue till further orders. Petitioner’s case is that the institution in question was duly recognized by the State Government, right from 1984 up to 1999. Only after enforcement of National council of Teachers Education Act, in the year 1995, this institution was debarred from admitting students for imparting teachers training, from the Sessions 1999-2000. Counsel for the petitioner submits that since, teachers training degree granted by this institution was a degree from an institution duly recognized by the State Government for imparting teachers training 3 education, up to Sessions 1996-1998. There is no reason for not recognizing their teachers’ training degree. Only from Sessions 1999-2000, the recognition of this institution for imparting teachers training education, has come to an end. Students like petitioner, who had obtained their degree up-till sessions 1986-1988, their training cannot be considered as a degree from unrecognized institution. All regular students of this institution, were allowed to appear in the examination conducted by the Bihar School Examination Board, since the institution had valid. Petitioner’s grievance is that in the year 2006- 2007, first phase of appointment of teacher was made by the State Government when the process for second phase of appointment started in the month of November, 2008, Vacancies were advertised, and applications were invited from intending candidates. Petitioner had also applied for his appointment as trained teachers, his name was enlisted in the panel but when final list was published. Petitioner was not selected, only due to inclusion of National Urdu Primary Teachers Education College in the list of unrecognized institution vide letter containing memo 4 no. 2053 dated 13.12.2008. Counsel for the petitioner submits that on account of this general notice, without certifying the period till when degree/certificate of teachers training education granted by the institution was recognized, candidates having certificate of teachers education degree of this institution have adversely been affected. They were not selected for the post. In support of this contention that for the sessions 1986-1988 the institution was recognized institution, reliance has been placed on an order of this court passed in CWJC No. 2322 of 2009 and also order passed by the Division Bench in LPA No. 82 of 2010. In these two cases a direction had been issued for recognizing teachers training degree of this institution granted in between sessions 1986-1988. Direction was also issued for allowing such candidates to participate in the selection process for appointment. Petitioner has passed from the institution in question prior to sessions 1999-2000. His teachers training education degree is a recognized degree. The members of the selection Committee will have to treat petitioner’s certificate as the certificate of similarly 5 situated candidates. There is no need to quash the letter dated 13.12.2008, as it has relevance for sessions subsequent to recognized period. Respondents are directed to allow the petitioner to participate in the selection process as trained teacher for the sessions 1986-1988. The writ application stands allowed A. Kumar ( Mridula Mishra, J.)