IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11345 of 2010 1. MD.JAMAL S/O MD. IBRAHIM R/O MOH CHAUDHARIYANA, P.S.ARRAH, TOWN, DISTT- BHOJPUR 2. TQUHID KAMAL S/O MD. IBRAHIM R/O MOH CHAUDHARIYANA, P.S.ARRAH TOWN,DISTT- BHOJPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DIRECTOR SECONDARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DEPUTY DIRECTOR (RESEARCH AND TRAINING ) GOVT. OF BIHAR, PATNA 5. THE D.M. BHOJPUR 6. THE DISTRICT EDUCATION OFFICER BHOJPUR 7. THE DISTRICT SUPERINTENDENT OF EDUCATION BHOJPUR 8. THE BLOCK DEVELOPMENT OFFICER KOILWAR, DISTT-BHOJPUR 9. THE BLOCK EDUCATION EXTENSION OFFICER DISTT-BHOJPUR 10. THE VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA 11. THE EXAMINATION CONTROLLER MAGADH UNIVERSITY, BODH GAYA ----------- 06 06.05.2011 Heard counsel for the petitioners, counsel for the State as well as counsel representing Magadh University. Petitioners were appointed as Block teachers. Thereafter on the basis of a letter issued by the Block Development Officer dated 10.5.2010 their salary was stopped and appointment of the petitioner was cancelled, which is by Annexure-2. The primary reason why such a step was taken by the Block Development Officer, Barhara, is because in terms 2 of letter No.1802 dated 11.12.2009, Al Hafiz College of Education, Ara was not a recognized institution by the State. Submission of the counsel for the petitioners is that recognition was granted to the college in question, may be provisionally by the respondent State authorities at least for the session they have pursued their studies in the said institution. Power of granting such recognition was vested in the State before National Teachers Education Act came into existence in the year 1995-96. If the petitioners had obtained their degree even on the basis of provisional recognition, the subsequent withdrawal of such recognition in the year 1993, which is the stand of the State, in no manner has effect of taking away the benefit of recognition and issuance of such degrees by the intuitions in question. Whatever decision may have been taken by the State to de-recognize or to withdraw recognition at a subsequent stage will have prospective effect and cannot relate back to the period when recognition was very much in vogue, even though it may be provisional. Since the reasoning for termination of services of the petitioners contained in Annexure-2 to that extent is erroneous and more so when the authenticity of the degrees issued by the Magadh University has been certified in favour of the petitioners, the impugned order contained in Annexure-2 dated 10.5.2010, is hereby quashed. 3 Writ is allowed with a direction upon the respondents that they will accept the joining of the petitioners forthwith. rkp ( Ajay Kumar Tripathi, J.)