IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16485 of 2007 ARVIND KUMAR 'AMAR' Versus THE STATE OF BIHAR & ORS For the Petitioner : M/S Rajendra Prasad Singh Rajeev Kumar Singh For the State : Mr. Ashok Kumar Mishra For the N.C.T.E : Mr. S.N. Pathak ----------- 3. 01.07.2008 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by termination of his services as Teacher on the premise of having obtained his training qualifications from Gandhi Hindi Vidyapith, Prayag, Allahabad, which is stated to be a non-recognised institution under the N.C.T.E. Act, which came into force on 17.8.1995. He was issued show cause notice and on consideration of his reply, the authorities sought confirmation from the institution, when it was brought to their attention that the institution no more exists. The appointment of the petitioner is regulated by the Primary Teachers (Appointment and Service Conditions) Rules, 2006 framed under Article 309 of the Constitution in the nature of statutory Rules. Learned counsel for the petitioner placed before this Court an order dated 21.5.2007 in CWJC No. 1387 of 2007 with regard to the institution in question where matters have been remanded to the authorities. Once statutory Rules have been framed for appointment, the scope of Article 226 of the Constitution gets completely narrowed down except in cases where virus of the Rules are questioned, which - 2 - is not the present case. The question of equivalence of the qualification with that prescribed in the Rules is a matter to be decided by the Appointing Authority itself and not by the High Court. Any representation of the petitioner in this regard shall be considered by the Respondents in light of the discussion as aforesaid. The writ application stands disposed. AKS/ (Navin Sinha, J.)