IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2445 of 2009 Birendra Kumar Singh, son of Sri Nathuni Prasad Singh, resident of Village – Samastpura, P.O. – Bheldi via Aphar, P.s. – Bheldi, District – Saran …………………. Petitioner Versus 1. The State Of Bihar, through Chief Secretary, Government of Bihar, Old Secretariat, Patna 2. The Secretary-cum-Commissioner, Education Department, Government of Bihar, Patna 3. The Secretary, Human Resources Development Department, Government of Bihar, Patna 4. The Director, Primary Education, New Secretariat, Patna 5. The Collector, Saran at Chapra 6. The Bihar School Examination Board, Sinha Library Road, Patna through its Secretary 7. The Chairman, Bihar School Examination Board, Sinha Library Road, Patna 8. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna 9. The Secretary, Bhagwan Budh Primary Teachers Training College, At & P.O. – Barahia via Maharajganj, P.S. – Gautam Budh Nagar, District – Siwan. 10. The Principal, Bhagwan Budh Primary Teachers Training College, At & P.O. – Barahia via Maharajganj, P.S. – Gautam Budh Nagar, District – Siwan …………………. Respondents ----------- For the Petitioner: Mr. Mahesh Narayan Parbat, Adv. For the State: Mr. Binod Kumar, AC to SC-16 For the NCRTE: Mr. S. N. Pathak, Adv. For the Board: Ms. Namrata Mishra, Adv. ****** 04. 12.07.2011 Heard learned Counsel for the petitioner, the State, the Bihar School Examination Board and the Counsel, representing the NCRTE. Petitioner had filed this application for quashing of the list of illegal institutions, issued by the Secretary- cum-Commissioner, Government of Bihar, Patna, in which the name of Bhagwan Budh Primary Teachers Training College, Bajrahia, Siwan, is also one of such 2 institutions, which is not recognized or whose recognition has been cancelled. Petitioner’s claim is that during the period when there was a valid recognition of State Government in favour of the institution, he had completed his Teachers’ Training Course, appearing in the examination, held in the year 1991, conducted by Bihar School Examination Board and he had passed. Since he claims to have passed during the sessions, prior to 1995 i.e., coming into force of NCRTE Act, as such petitioner had prayed for a direction to the Respondents to consider his case for appointment as the Panchayat Teacher / Block Teacher, as a trained candidate. Counter Affidavit has been filed on behalf of the Bihar School Examination Board, making specific statement in para 4 that petitioner’s name did not find place in the list of successful candidates, appearing from this institution in the examination, held in the year 1991. It has been stated that since the petitioner is not a successful candidate, as such his case can not be considered for appointment as Trained Teacher. In view of this statement, made by the Bihar School Examination Board, besides the recognition of the institution, petitioner’s candidature itself becomes 3 disputed, as such it is desirable that in case the petitioner represents before the Bihar School Examination Board, it should be enquired into. In case the petitioner is found to be successful candidate, certificate in relation to this be issued in favour of the petitioner. Otherwise, petitioner can not claim to be appointed as a Trained Teacher. In case the petitioner is found to be successful candidate, his candidature will also be considered in a similar manner by the Appointing Authority as direction has been issued with regard to the other candidates, appeared in the session in between 1994-98. This application is dismissed. Bihar School Examination Board will conclude the enquiry within three months from the date of filing of such representation by the petitioner. SKM (Mridula Mishra, J.)