IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16278 of 2011 1. Neetu Kumari W/O Shri Master Dinesh, S/O Satyanarayan Prasad R/O Virata, P.S. Mashahariya, Sonbarsa (Sitamarhi). 2. Pramila Devi W/O Badri Narayan Sah R/O Mayrva, P.S. Chhki Mayrva, (Sitamarhi). 3. Renu Devi W/O Jimdar Mahto Resident Of Village, P.O. Phulkiha, Sonbarsa (Sitamarhi). 4. Laxman Ram S/O Shri Khenda Ram Resident Of Village- Inderba, P.O. Dalkaba, P.S. Sonbarsa, District-Sitamarhi. 5. Rita Kumari W/O Shambhu Sharan Resident Of Village- Pakariya, P.O.-Piperaporsian, P.S. Sonbarsa, District- Sitamarhi. 6. Ragini Kumari D/O Jayprakakash Mahto Resident Of Chilari, P.O. Sonbarsa, P.S. Sonbarsa, District-Sitamarhi. 7. Kumari Khushbu D/O Liladhar Sah Residnet Of Village- Narkatiya, P.O. Dalkawa, P.S. Sonbarsa, District-Sitamarhi ---petitioners Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. Principal Secretary, Human Resources Development Department, Bihar, Patna. 3. Director, Primary Education, Bihar Govt., Patna. 4. The District Superintendent of Education, Sitamarhi. 5. District Magistrate, Sitamarhi. 6. District Education Officer cum District Programme Officer, Sitamarhi. 7. The Block Development Officer, Sonbarsa, Sitamarhi. ---respondents ---------------------------------- For the petitioners :M/S R.K.Rajan,Vinod Kr.,Advocates For the State :Mr.H.S.Sundaram,AC to G.P.24 ------- 5 12.12.2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek quashing of the order dated 29.4.2011 (Annexure-5) issued by the District 2 Superintendent of Education-cum-District Programme Coordinator, Bihar Education Project, Sitamarhi (wrongly stated as having been passed by the Principal Secretary, Human Resources Development Department) as also the subsequent order dated 11.7.2011 issued by the Block Development Officer by which the services of the seven petitioners were dispensed with/dismissed with immediate effect. All the seven petitioners are Block Teachers and the principal grievance raised by learned counsel for the petitioners is that their services have been terminated without issuing any show cause notice to them and providing them an opportunity of hearing, thereby violating the principles of natural justice. It is submitted by learned counsel for the petitioners that the petitioners had good grounds to show that the certificate issued to them by the “Board of Higher Secondary Education, Delhi” was that of a recognized institution, whereas the institution mentioned as not recognized in the order dated 5.8.2010 issued by the Principal Secretary, Human Resources Development Department is known as “Secondary Board of Higher 3 Education, New Delhi”. It is urged by learned counsel for the petitioners that apart from the variation in the name the certificates and degrees of the institution from which they have passed out, namely, Board of Higher Secondary Education, is recognized for employment under Central/State/Union Territories/Administration and for Education/Higher Education in Indian Boards/Universities for which they have produced in Court a letter dated 29.6.2009 issued as information under RTI Act by the Human Resources Development Department, Department of Secondary & Higher Education, Government of India. Be that as it may, it is not disputed that the petitioners’ services were terminated without complying with the principles of natural justice. This is particularly relevant in view of the stand taken regarding validity and admissibility of the degree obtained by them. In the above circumstances, the writ application is allowed. The impugned order dated 11.7.2011 passed by the Block Development Officer terminating the services of the petitioners is quashed. The petitioners are directed to be reinstated in service with all consequential benefits. It would, however, be open to the respondent authorities to 4 take action against the petitioners by issuing fresh notices and passing reasoned order after hearing them in the matter. Spal/ (Ramesh Kumar Datta, J.)