IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20858 of 2010 1. PANKAJ KUMAR, S/O RAM BALAK SINGH, R/O LADIDIH, P.S.-MUFFASIL, DISTRICT-BEGUSARAI. 2. SHANKAR PASWAN, S/O SUKHDEO PASWAN, R/O VILLAGE-RATAULI, P.S.-BINODPUR, DISTRICT- BEGUSARAI. 3. RAMASHISH THAKUR, S/O BILTU THAKUR, R/O VILLAGE-AMRAOUR KIRATPUR, P.O.-SINGHAUL, P.S.- MUFFASIL, DISTRICT-BEGUSARAI. …………PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH SECRETARY, HUMAN RESOURCES, BAILEY ROAD, PATNA. 2. DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI. 3. BLOCK EDUCATION EXTENSION OFFICER, BEGUSARAI BLOCK 4. BLOCK EDUCATION EXTENSION OFFICER, BARAUNI BLOCK 5. BLOCK EDUCATION EXTENSION OFFICER, TEGHRA BLOCK 6. BLOCK EDUCATION EXTENSION OFFICER, BACHWARA BLOCK 7. BLOCK EDUCATION EXTENSION OFFICER, MANSURCHAK BLOCK 8. BLOCK EDUCATION EXTENSION OFFICER, BHAGWANPUR BLOCK 9. BLOCK EDUCATION EXTENSION OFFICER, SAHEBPUR KAMAL BLOCK 10. BLOCK EDUCATION EXTENSION OFFICER, BALLIA BLOCK 11. BLOCK EDUCATION EXTENSION OFFICER, DANDARI BLOCK 12. BLOCK EDUCATION EXTENSION OFFICER, NAWKATHI BLOCK 13. BLOCK EDUCATION EXTENSION OFFICER, BAKHRI BLOCK 14. BLOCK EDUCATION EXTENSION OFFICER, KHODAWANPUR BLOCK 15. BLOCK EDUCATION EXTENSION OFFICER, CHOURAHI BLOCK 16. BLOCK EDUCATION EXTENSION OFFICER, MATIHANI BLOCK 17. BLOCK EDUCATION EXTENSION OFFICER, SAMHO BLOCK RESPONDENT NOS.3 TO 17 UNDER DISTRICT- BEGUSARAI. ………RESPONDENTS. ---------------------------------- 7 07.12.2011 The order of the District Teacher Employment Appellate Authority, 2 Begusarai dated 27.08.2009, as contained in Annexure-9, is in favour of the petitioners, but conditional. The Appellate Authority has directed the District Superintendent of Education, who has now been designated as District Programme Officer, Establishment, to allow the petitioners to appear in the counselling on the condition that in case subsequently the Institution from which they have obtained training degree, i.e., Nabbharat Shiksha Parishad, Orissa, is placed in the unrecognized list their appointment shall stand cancelled. Respondents have filed their counter affidavits stating that after 22.09.2009 no counselling has been held in the Panchayat. It is also stated that instructions have been sought for from the Department with regard to recognition or otherwise of the said Institution. Be that as it may, as long as the order of the Appellate Authority is in operation, the respondents are legally obliged to allow the petitioners to appear in the next counselling, as and when it is 3 held, subject to the condition that till then the Government/N.C.T.E. does not take any decision with regard to putting the Institution in the unrecognized list. The writ application is, accordingly, disposed of. Arvind/ ( J.N. Singh, J.)