1 S.B.CIVIL WRIT PETITION NO.4499/2006 Ramesh Chandra Koted Vs. State of Raj. & Ors. DATE OF ORDER :: 17th July, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Shambhoo Singh, for the petitioner. Mr. N.M. Lodha, Addl. Advocate General. .... By this petition for writ a challenge is given to the order dated 30.6.2006 passed by the Sr. Deputy District Education Officer-cum- Block Education Officer, Elementary Education, Panchayat Samiti – Simalwara, Distt. Dungarpur restraining the Headmaster, Government Upper Primary School, Kodariya to permit the petitioner to attend the duties as Teacher Gr.III as the qualification possessed by him was under cloud. In brief the facts of the case are that the petitioner obtained Bachelors Degree in Education from Lalit Narayan Mithila University, Bihar as a student of National Teachers Training College, Arer, Madhubani. On basis of the qualification aforesaid appointment was accorded to the petitioner as Teacher Gr.III under an order dated 30.5.2005 passed by the District Education Officer, Elementary Education, Dungarpur. 2 On inquiry it was found that the degree possessed by the petitioner was not valid as the LNM University at its own cancelled the degrees obtained by the students from National Teachers Training College, Arer, Madhubani. Accordingly, the order impugned was passed. The contention of learned counsel for the petitioner is that the issue with regard to cancellation of the mark-sheets and degrees by LNM University was subject matter of a Letters Patent Appeal pending before Division Bench of Hon'ble Patna High Court, therefore, the qualification possessed by the petitioner could not have been treated nullity. Per contra, it is contended by learned counsel for the respondents stating that the petitioner was not possessing a valid qualification to hold the post of Teacher Gr.III as the mark-sheet and degree obtained by him was cancelled by Lalit Narayan Mithila University. It is also asserted that not only the writ petition preferred by certain persons giving challenge to the cancellation of mark-sheet and degree were rejected but also the Letters Patent Appeal relating to the issue referred above stood rejected by Division Bench of Patna High Court under an order dated 5.1.2007. Learned counsel for the respondents have shown me a photocopy of the judgment referred above in Letters Patent Appeal No.432/2001 arising from CWJC No.5430/1999. 3 Hon'ble Division Bench of Patna High Court by the judgment referred above in quite unambiguous terms held that the mark-sheets and degrees given by the University to the students coming from National Teachers Training College, Arer, Madhubani were rightly cancelled as the college was not even in existence when the advertisement in State level newspapers was issued for admission. The college was not having any sanction as required from National Council of Teachers Education. In view of the finding given by the Division Bench of Patna High Court there is no doubt that the petitioner was not having valid qualification that is necessary for appointment as Teacher Gr.III. The appointment of the petitioner, therefore, as Teacher Gr.III was void from its inception. No wrong, at all, was done by the respondents by issuing the order impugned. Accordingly, this petition for writ is dismissed. (GOVIND MATHUR ),J. jgoyal