IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.9639 of 2010 ============================================ MANOJ KUMAR S/O SRI MAHENDRA PRASAD SINGH AT PRESENT WORKING AS TRAINED GRADUATE TEACHER (SCIENCE) AT JAWAHAR NAVODAYA VIDYALAYA P.S.- BIKRAM, DISTT.- PATNA Versus 1. THE UNION OF INDIA THROUGH COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, KAILASH COLONY, NEW DELHI-48 2. THE JOINT COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, A/28 KAILASH COLONY, NEW DELHI 3. THE DEPUTY COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, PTR, BORING ROAD, PATNA-13 4. SRI AWADHESH KUMAR MAHTO S/O SRI TARAK NATH MAHTO PRINCIPAL AT PRESENT RESIDING AT JAWAHAR NAVODAYA VIDYALAYA PREMISES P.O. & P.S.- BIKRAM, DISTT.- PATNA, PERMANENT R/O VILL.- LOHARI, P.O. & P.S.- RAJHARA, DISTT.- PALAMU (JHARKHAND) ============================================ Appearance: For the Petitioner : Mr. SURYA KANT SINGH Mr. SANJAY KUMAR For the Respondent/ Navodaya Vidyalay Samiti: Mr. J.P.KARN, Sr. Advocate Mr. Siddhartha Prasad, Advocate ============================================ CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04. 27.08.2010 Feeling aggrieved by the judgment and order dated 26th May 2010, passed by the Central Administrative Tribunal, Patna in Original Application No. 7161 of 2009 the petitioner- applicant has filed this petition under Articles 226 and 227 of 2 the Constitution of India. The petitioner is a Trained Graduate Teacher (Science) employed by Jawahar Navodaya Vidyalaya, P.S.- Vikram, District-Patna. The subject matter of the dispute is that the petitioner desired to take training for International Diploma in Guidance and Counseling offered by the N.C.E.R.T. (National Council of Educational Research and Training). It is the claim of the petitioner that he had appeared in the test and had passed the examination for joining the training. Nevertheless his employer (respondents herein) did not grant the study leave to the petitioner to join the Course. According to the petitioner, the action of the respondents is mala fide and arbitrary inasmuch as the respondents have sponsored certain teachers who had not taken the test or passed the examination. Nevertheless, out of the panel they are selected and sent for the training in aforesaid Course. Challenge to the action of the respondents before the Central Administrative Tribunal in above referred Original Application No. 716 of 2009 has failed. Therefore, the present petition. The petition is contested by the respondents. The respondent no. 3 has filed counter affidavit. It is submitted that under the Scheme framed by the N.C.E.R.T. guidelines are issued for selection of teachers to join the aforesaid programme. 3 Accordingly, some Post Graduate Teachers have been selected and sponsored to join the programme. The reason for not allowing the petitioner to join the programme is that the petitioner was not sponsored by the Samiti. He took the test on his own. Besides, the petitioner is Trained Graduate Teacher and not a Post Graduate Teacher. Several departmental proceedings are pending against him. For one of such enquiries, he has been placed under suspension. The contentions are refuted by the petitioner. According to the petitioner, some Trained Graduate Teachers have also been sponsored for the programme. We note that neither the petitioner has a fundamental nor a statutory right to join the programme which envisaged that the names of suitable teachers be sponsored by the Navodaya Vidyalaya Samiti. On the facts stated in the counter affidavit recorded hereinabove, the decision of the Samiti in not sponsoring the name of the petitioner to join the aforesaid programme cannot be said to be arbitrary, discriminatory or vitiated by malafides. For the aforesaid reasons, this petition is dismissed. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)