1 1. S.B.CIVIL WRIT PETITION NO.487/2007 Kamlesh Jain Vs. State of Raj. & Ors. 2. S.B.CIVIL WRIT PETITION NO.1562/2007 Dayalal Meena & Anr. Vs. State of Raj. & Ors. 3.. S.B.CIVIL WRIT PETITION NO.1561/2007 Mohit Kumar Trivedi Vs. State of Raj. & Ors. & Anr. Date of Order :: 30.7.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. M.S. Singhvi } for the petitioners. Mr. DLR Vyas } Mr. S.S. Ladrecha, for the respondents. Mr. Rajesh Lalwani ... As a consequent to regular selection proceedings the District Establishment Committee, Zila Parishad, Dungarpur accorded appointments to the petitioners as Teacher Gr.III, however, on cancellation of the B.Ed. Degree possessed by them by the B.N. Mandal University under a notification dated 19.5.2000, the Zila Parishad terminated them from services. The petitioners challenged cancellation of their Degrees by the B.N. Mandal University by way of filing writ petitions before Hon'ble Patna High Court and those petitions came to be dismissed by Single Bench of Hon'ble Patna High Court on 28.3.2001, but the Letters Patent Appeal preferred by the petitioners came to be accepted by the Division Bench of Patna High Court on 5.1.2007. After 2 acceptance of the Letters Patent Appeal the petitioners have approached this Court to challenge termination of their services with a contention that the reason to discontinue them from service is no more in existence. The controversy involved in these petitions, as a matter of fact, has been considered by the Division Bench of this Court in Naveen Kumar Vs. State of Rajasthan & Ors. in DBCivil Special Appeal NO.97/2004 decided on 22.2.2007. In the appeal aforesaid the Division Bench of this Court held as follows: “It is pointed out by the learned counsel for the appellant today that group of appeals pending before the Patna High Court which included the Letter Patent appeal filed by the petitioner appellant in this case before the Patna High Court against the judgment of learned Single Judge upholding the cancellation of his degree has since been decided on 05.01.2007. The appeals related to the candidates coming from National Teachers Training Institution and S.Wakil Ahmad Teachers Training College Murgiyachak, Darbhanga affiliated to L.N. Mithila University, Darbhanga and R.A. College of Education, Kunjour and Muslim Minority Ahmadia B.Ed. College, Katihar affiliated to B.N. Mandal University, Bihar. The certified copy of the order of the Division Bench of the Patna High Court reveals that petition filed by the present appellant petitioner subject matter of LPA No.460/2001 Naveen Kr. Jain Vs. State of Bihar & Ors. 3 have been allowed and degree in his favour has been restored. It further transpires that while National Teachers Training College, Darbhanga had itself challenged the order of the learned Single Judge, other institutions have not challenged the said order but some of the affected students from each of the institutions individually had challenged the order of learned Single Judge by filing Letter Patent Appeals. The Division Bench has dismissed the appeals arising in connection with National Teachers Training Institution and S.Wakil Ahmad Teachers Training College, Murgiyachak, Darbhanga affiliated to L.N. Mithila University, Darbhanga and R.A. College of Education, Kunjour affiliated to B.N. Mandal University. However, allowed the individual petitions filed by the candidates appearing from Muslim Minority Ahmadia B.Ed. College, Katihar affiliated to B.N. Mandal University, Bihar. This position has not been disputed by Mr. D.N. Yadav, learned counsel for the respondent B.N. Mandal University, Bihar since the basic ineligibility attached to the petitioner holding the post for which he has been selected and appointed has ceased to exist for cancellation of his appointment, the impugned order cannot be allowed to continue. Accordingly, the appeal is allowed. Judgment under appeal is set aside and writ petition filed by the appellant is allowed and the impugned order terminating the petitioner's service is quashed. While admitting the 4 appeal status quo as it exists on the date of admitting the appeal was maintained though by order dated 23.08.2006 the interim order had been vacated. However, learned counsel for the appellant states that the petitioner appellant is still continuing in the service and the termination order has not been given effect so far.” In view of the Division Bench judgment of this Court these petitions for writ also deserve to be allowed. Accordingly, the same is allowed. The termination of the petitioners from service on cancellation of the degree by the B.N. Mandal University is declared illegal. The petitioners are entitled to be reinstated in service with all continuity and with notional benefits including fixation of pay, grant of increments and seniority etc. However, no actual payment of back wages for the period the petitioners remained out of employment is required to be made. (GOVIND MATHUR), J. Jgoyal '