IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.469 of 2009 ANIL KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.18701 of 2008 DILIP KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.18702 of 2008 VIJAY KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.18703 of 2008 ANIL KUMAR JHA & ORS Versus THE STATE OF BIHAR & ORS ----------- For the petitioners: Mr Rajendra Pd. Singh, Sr. Advocate M/s Rajiv Kumar Singh, Mritunjay Kumar and Alok Kumar Singh, Advocates For the Respondents: AAG 6, SC 18, SC 19 & SC 20 ------ 6. 13.04.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. These writ applications raise common issues for consideration and are covered by a common decision of the State Government. This Court therefore proceeds to dispose these applications by a common order. Counter affidavit has also been filed in some of the applications i.e. CWJC No. 18701 of 2008. It is submitted that the petitioners held the qualification of B.T.C. (Baby Teachers Certificate) from Gandhi Hindi Vidyapith, Prayag at Allahabad. They obtained this qualification much prior to 17.8.1995, the date of coming into force of the NCTE Act. It is their case that they are being wrongly denied consideration for appointment on basis of an ill founded premise 2 that the Institution was a fake Institution as per the notification alleged to be published by the University Grant Commission. Learned Counsel for the State submits from the counter affidavit that a list of unrecognized Institutions has been published by the University Grant Commission appended at Annexure ‘A’ to the counter affidavit in which the name of the present Institution also finds place and therefore their cases cannot be considered. The petitioners have annexed as Annexure 7 to CWJC No. 469 of 2009 an order of the Regional Deputy Director of Education, Koshi Division, Saharsa dated 22.1.2009. It gives specific direction that those who have acquired their qualification from the Gandhi Hindi Vidyapith prior to 17.8.1995 are eligible to be considered after verification of the date of acquisition of the qualification. A further reason is mentioned therein, that the Government of India by a letter dated 18.12.1984 has recognised the qualification from the aforesaid Institution for employment to the posts and services under the Central Government. Once the respondents have taken a decision, no further orders are required by this Court. All that remains, is an administrative act of according similar treatment to the petitioners if they fulfil the factual requirement noticed in the letter dated 22.1.2009. This Court orders accordingly. In so far as the issue of Gandhi Vidyapith being an unrecognized institution is concerned, the submission of the Counsel for the petitioners that they have obtained information 3 under the Right to Information Act from the University Grant Commission which has clarified that it has not issued any notification classifying the aforesaid Institution as fake, are matters to be considered by the authorities themselves. The writ application is disposed with a direction for consideration of the case of the petitioners in terms of the own letter of the respondents dated 22.1.2009. If the respondents propose to classify the Institution as a fake Institution based on their own decision or any information available to them, the respondents shall be obliged to make all such materials available to the petitioners. After the petitioners furnish their reply, including information availed by them under the Right to Information Act, only thereafter the respondents shall be required to pass a reasoned and speaking order dealing with their own stand of the Institution being fake, defence of the petitioners and after proper consideration of both pass a reasoned and speaking order. Only in the event that the respondents pass an order in the manner prescribed above can they decline consideration of the petitioners on the additional ground. This Court at this stage does not consider it necessary to accede to the request of the respondents for fixation of the administrative authority who shall deal with the issue, if any, of the status of the Institution. That is purely an administrative matter to be decided by the administrator itself. The writ applications stand disposed in the aforesaid terms. Snkumar/- (Navin Sinha,J.) 4