IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14935 of 2010 1. NISHA RANJANI D/O SHRI GUNAKAR SHUKLA R/O VILL BHITAHA NIZAMAT, P.S.BAIRIYA, DISTT-WEST CHAMPARAN, BETTIAH-------- -------------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, H.R.D.DEPARTMENT PATNA, BIHAR 2. THE CHAIRMAN, ZILA PARISHAD WEST CHAMPARAN, BETTIAH 3. THE DISTRICT DEVELOPMENT COMMISSIONER WEST CHAMPARAN, BETTIAH 4. THE DISTRICT EDUCATION OFFICER-CUM-SECRETARY, SELECTION COMMITTEE (ZILA PARISHAD MADHYAMIK AN UCHCH MADHYAMIK SIKSHAK NIYOJAN) WEST CHAMPARAN, BETTIAH 5. MEMBER, SELECTION COMMITTEE WEST CHAMPARAN, BETTIAH 6. THE DISTRICT MAGISTRATE BETTIAH—--------RESPONDENTS ----------- For the Petitioner: M/s Shayama Pd. Mukherjee, Sr.Advocate For the Zila Parishad: Mr. Nekesh Kumar Advocate For the State: Mr. Lala S.N.Rai, AC to GP-6. ----------- 2 26.4.2011 Heard learned Senior counsel for the petitioner and learned counsel for the State. Annexure-11 which is the order passed by District Teachers Employment Appellate Authority, West Champaran is under challenge in the present writ application. By virtue of which the appointment of the petitioner on the post of teacher in the Zila Parishad School has been rejected on the ground that the petitioner does not have the requisite degree of matriculation which is recognized by the State of Bihar. Petitioner is supposed to have acquired Adhikari degree which is said to be equivalent to matric from Gurukul Kangari, Vishwavidyalaya, Haridwar. The reasoning is sought to be assailed by learned Senior counsel because according to him she is claiming for appointment to a higher school and not in primary school. The relevant notification contained in annexure-7 dated 27.8.2008 indicates that Vidyalanka and Vedalankar (B.A.) - 2 - and Vidyawachspati (M.A.) are two degrees which are not recognizable for such appointment. Since the petitioner is not claiming appointment on the basis of any of these two degrees obtained by her from Gurukul Kangari, therefore she cannot be denied the benefit of appointment. Petitioner has herself brought on record annexure- 7/A. This is also a notification in which the list of non-recognized institutions has been notified by the Department of Human Resources Development. This notification is dated 25.8.2008. In this notification the name of the institution i.e. Gurukul Kangari figures and it talks about two degrees which are Adhikari (Matric) and Vidyavinit (Intermediate). Submission of learned Senior counsel is that this notification would apply to primary teachers and would not apply to higher secondary teachers. The fallacy of such a submission is evident from the record itself that if a person is not eligible to be appointed on the post of primary teacher based on matriculation certificate obtained from Gurukul Kangari Vishwavidalaya, wherefrom the petitioner has acquired matriculation certificate and if she has obtained higher degree from other institution then that by itself does not take away the basic infirmity in the decision with regard to her degree because the petitioner obviously has drawn advantage of higher degree without the authorities knowing as to the true status of matriculation certificate. - 3 - The State of Bihar notified two notifications and has made it clear that none of the degrees which may be equivalent to Matriculation, Intermediate, Graduation or M.A. are acceptable degrees if obtained from the so called institution what is known as Gurukul Kangari for appointment on the post of teacher in the State of Bihar at primary level or secondary level. In the above stated circumstances the appellate authority has done no wrong in refusing the petitioner appointment to the post. This writ application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi,J.)