IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1604 of 2010 1. The State of Bihar. 2. The Secretary, Human Resources Development Department Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Superintendent of Education, Vaishali at Hajipur. 5. The Block Development Officer, Patepur, Vaishali. 6. The Block Education and Extension Officer, Patepur, Vaishali. 7. The Panchayat Secretary, Ladaha Panchayat Patepur, Vaishali. 8. The Panchayat Secretary, Govindpur, Bela Panchayat , Patepur, Vaishali. 9. The Panchayat Secretary, Bardiha Turki Panchayat , Patepur, Vaishali. 10. The Panchayat Secretary, Bahuara Panchayat , Patepur, Vaishali. 11. The Panchayat Secretary, Davaichh Panchayat , Patepur Vaishali. ………Respondents……..Appellants Versus 1. Binod Kumar S/o Shree Jagat Nr. Poddar R/o Vill Sakara Wazid, P.S. Sakera, Distt-Muzaffarpur. 2. Brahmdeo Rai S/o Sri Yogendra Rai, Vill-Vijaypura, P.S. Baligaun, Distt-Vaishali. 3. Umesh Kumar, S/o Sri Rudal Prasad, R/o Vill Lautan Chaparia, P.S. Sakara, Distt-Muzaffarpur. 4. Ajay Kumar Singh, S/o Sri Anirudh Prasad, R/o Vill Hasanpur, Bangali Math, P.S.Sakara, Distt-Muzaffarpur. 5. Vishwanath Prasad Yadav, S/o Sri Wakil Rai R/o Vill Chakrawa Maniyari, P.S. Sakara, Distt-Muzaffarpur. 6. Bishnudeo Ray, S/o Sri Yognedra Ray, R/o Vill Vijaypur, P.S.Baligaun, Distt-Vaishali. 7. Ranjan Kumar, S/o Sri Birchandra Rai, R/o Vill Khanpr Basti, P.S.Baligaon, Distt-Vaishali. 8. Sitaram Rai, S/o Sri Ajablal Rai, R/o Vill Barhdiha Turki, P.S.Patepur, Distt-Vaishali. 9. Munni Kumari, D/o Sri Janardan Pd Singh, R/o Vill Krishnawara, P.S.Patepur, Distt-Vaishali. 10. Dinesh Thakur, S/o Sri Bulaki Thakur, R/o Vill Davaichh, P.S.Tisiauta, Distt-Vaishali. 11. Sushila Kumari, D/o Sri Ramjee Rai, R/o Vill- Davaichh, P.S Tisiauta, Distt-Vaishali. 12. Chadramala Kumari, D/o Sri Balbhadra Pd. Singh, R/o Vill Davaichh, P.S. Tisiauta, Distt-Vaishali. 13. The Director State Council of Education Research and Training, Bihar Patna. With LPA No.1582 of 2010 1. The State of Bihar through the Secretary Cum Commissioner, Human Resources Development Department, Govt. of Bihar, Patna. 2. The District Magistrate, Vaishali at Hajipur. 3. The District Superintendent of Education, Vaishali at Hajipur. 2 4. The Block Development Officer, Block- Mahua, Distt.- Vaishali at Hajipur. 5. The Block Education Extension Officer, Block- Mahua, Distt.- Vaishali. 6. The Panchayat Secretary, Gram Panchayat Raj, Mahua Mukundpur, Distt.- Vaishali. Versus 1. Suman Kumari, D/o Mahendra Prasad Yadav R/o Vill.- Bawanghat, P.S.- Mahua, Distt.- Vaishali. 2. Shyam Bihari Pandit, S/o Gona Pandit, R/o Vill.- Makshudpur, P.S.- Mahua, Distt.- Vaishali. 3. Bebi Kumari, D/o Nagendra Prasad Singh, R/o Vill.- Sohen, P.S.- Chehrakalan, Distt.- Vaishali. ----------- 03. 18.07.2011 This L.P.A. has been filed by the State of Bihar against the judgment and order dated 01.04.2009 passed in C.W.J.C. No. 10370 of 2008, C.W.J.C. No. 18832 of 2008 and 13142 of 2008 solely on the ground that the College from which the petitioner obtained the certificate in the relevant year, was not recognized by the National Council of Teacher Education (NCTE). The Division Bench of this Court has already held in L.P.A. No. 387 of 2009 that the institution from which the petitioner obtained certificate is not a recognized one as per prescribed qualification by the State of Bihar. Learned counsel for the respondent-petitioner vehemently argued that the case is fully covered under the proviso (iii) of sub clause A of Rule 4 whereunder there is specific provision with respect to acceptance of certificate issued by recognized institution before promulgation of 3 N.C.T.E., and after promulgation of N.C.T.E., the certificate issued by the institution duly recognized by the N.C.T.E. having two years teaching experience. Emphasis was led on the last two lines that the proviso clearly speaks about the training obtained from a recognized Teachers Training College for two years. Since the petitioners obtained the certificate prepared under this provision before enforcement of the NCTE Act. Therefore, it is fully applicable before the enforcement of the NCTE Act. Therefore he is fully entitled for appointment. From perusal of the judgment of the Division Bench wherein it has held in respect of the same College that it is not recognized. Therefore, we do not find any force in the submission made by the learned counsel for the respondent- petitioner. The learned Single Judge has referred a Division Bench judgment reported in 2001 P.L.J.R. (583) which has been placed before us but it has been established by the State that the said institution was never recognized by the State of Bihar which will be the period of training during which the petitioner obtained Teachers Training certificate. Thus the appeal is allowed on merit. The order of the learned Single 4 Judge is set aside. Learned counsel for the respondents-petitioners could not brought before us any document showing the recognition of the said institution in 2006 i.e. the said institution was recognized by the State of Bihar for Teachers Training Certificate. Learned counsel for the respondent- petitioner put reliance on the letter dated 18th December 1984 issued to the Registrar Gandhi Hindi Vidyapity, Allahabad, by the Government of India Ministry of Education which reads as follows:- No.F.11023/58/77-T-7 Government of India, Ministry of Education and Culture (Department of Education) New Delhi the 18th Dec. 1984 To, The Registrar Gandhi Hindi Vidyarthi Prayag, 60, Dulragarh Azmal (Near Nakhan Corner, Allahabad. Sub:- Recognition of Baby Teachers Certificate course as equivalent to Basic Teachers training matter regarding. Sir, With ref. to your letter No. 10782 dated 25th Aug. 84 on the subject mentioned above. I am to state that the proposal under information has been considered by the Board of annulment for Educational Qualifications at its 14th meeting held on, 1st Dec., 1984. The Board recommended that the Baby teachers certificate course run of the Gandhi Hindi Bidyapati Prayag be recognized for employment to the posts and services under the central Govt. Yours Faithfully. 5 Sd/- R.S. Mahashwari Deptt. Education and Culture (T) The letter is not going to help the respondent- petitioner any way because of the fact that it denotes the decree of the central Government and not of the State and further State is not guided by the spirit of the aforesaid letter. Education being in agreement and filled recognition is not occupied by the Central Legislation. Therefore State of Bihar is duty bound to take a decision with respect to recognition of the Certificates issued/prepared to the NCTE Act with regard to the recognition of the College run by Gandhi Hindi Vidyapith, Allahabad. Devendra/ (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)