IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2714 of 2009 ====================================================== 1. Bihar Pradesh B.Ed.Trained Association, through its Chairman, namely, Kauleshwar Sharma, Son of late Lakhandeo Sharma, resident of village – Atapur, P.S. Dhanaruwa, District – Siwan. 2. Kauleshwar Sharma, Son of late Lakhandeo Sharma, resident of village – Atapur, P.S. Dhanaruwa, District – Patna. 3. Krishna Nandan Jha, Son of Sri Mahadeo Jha, resident of village + P.O. – Ranti, P.S. Rajnagar, District – Madhubani, presently residing at Amar Ashram, N.I.T. More, Near Sudha Milk Parlor, Patna -800005. 4. Jaiprakash Singh, Son of Sri Ambika Singh, resident of village + P.O. – Gowasa, Sheikhpura, P.S. Pandarak, District – Patna. 5. Dr. Mirtunjay Kumar, Son of late Laldeo Singh, resident of C/o Baijnath Singh, Chutkulanand Gali, Near Shiv Mandir, Chandmari Road, P.O. Lohiya Nagar, P.S. Kankarbagh, District – Patna, presently residing at Tirupati Sharma, Beni Madhaw Lane, Lakshmi Market, Govind Mitra Road, P.O. – Bankpur, P.S. Pirbahor, District – Patna. 6. Ashok Kumar Sharma, Son of Sri Kamaldeo Sharma, resident of village –Atapur, P.O.- Barahi Bigha, P.S. Dhanaruwa, District – Patna. 7. C.B.B. Radhakant, Son of Sri Banshidhar Chaudhary, resident of village – Baligaon, P.O. Rajandih, P.S. Akothi Gola, District – Rohtas. 8. Arti Singh, D/o Sri Yogendra Singh, resident of A/81, Birla Colony, P.S. Phulwarisarif, District – Patna. 9. Sunil Kumar Sinha, Son of Sri Surendra Prasad Singh, resident of village – Ismailpur, P.O. – Bhewar Sikariya, P.S. – Jehanabad, District – Jehanabad. 10. Rajiv Kumar, Son of Sri Chandra Prakash Sinha, resident of “Windhay Niwas, Naujar Katra, Diwan Mohallah, P.S. Khajekala, District – Patna – 800008. 11. Ranjit Kumar, Son of Sri Kameshwar Prasad Singh, resident of Mohallah- Bhadra Ghat, Gulzarbagh, P.S. Alamganj, District – Patna-1. 12. Md. Sharfuddin, Son of late Md. Sadik Sahab, resident of village + P.O. – Mahmuda, P.S. Kholaganj, District – Nalanda. 13. Ranjan Kumar Verma, Son of Sri Nageshwar Prasad Verma, resident of Flat No. M-6/5, Road No. 10, Rajendra Nagar, P.O. Rajendra Nagar, P.S. – Kadamkuan, District – Patna. 14. Satish Kumar, Son of Sri Anant Sharma, resident of village + P.O. – Thunathi, P.S. – Kinjar, District – Arwal. 15. Sushma Kumari, D/o Sri Ramadhar Singh, Wife of Sri Subodh Kumar, resident of A/98, Phulwarisarif, Birla Colony, Rashtriya Ganj, P.S. – Phulwarisarif, District – Patna. 16. Sudama Prasad Singh, Son of late Devnandan Singh, resident of village – Gosaimath, P.O. Gosaimath, P.S. – Harnaut, District – Nalanda. 17. Jainendra Kumar, Son of late Bachchu Prasad, resident of village – Saguni, P.O. Rewa, P.S. – Masaurhi, District – Patna, presently residing at Hanuman Nagar, Kailashpuri, Behind Koriya House, P.S. – Patrakar Nagar, Kankarbagh, District – Patna. 18. Krishna Murari, Son of Sri Ramashray Sharma, resident of village – Maniyawa, P.S. Kako, District – Jehanabad. 19. Vipin Kumar, Son of Shree Nathun Singh, resident of Mohallah – Gandhi Nagar, Near Rose Garden Apartment, P.O. Lohia Nagar, P.S. Patna High Court CWJC No.2714 of 2009 (5) dt.23-08-2011 2 / 5 2 Agamkuan, District – Patna. .... .... Petitioners. Versus 1. The State Of Bihar. 2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The Director, Primary Education, Government of Bihar, Patna. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Vishnu Kant Dubey, Advocate For the Respondent/s : Mr. Ujjawal Kumar Sinha, AC to AAG XI ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 05/ 23-08-2011 Heard counsel for the petitioners and counsel appearing for the State. This writ application has been filed in representative capacity by the Bihar Pradesh B.ed. trained Association through Chairman and some of its members for a direction to the respondent-authorities of the Human Resources Development Department, Govt. of Bihar for complying the direction of Apex Court in case of Ram Vinay Singh and others Vs. State of Bihar and others reported in 1998(9) SCC page 227 and for initiating a proceeding of appointment of teachers at Zila Parisad, Nagar Nikay and Gram Panchayat level in a centralized manner. The members of the petitioners association are claiming to be trained candidates, whose claim for being appointed at each level i.e. Patna High Court CWJC No.2714 of 2009 (5) dt.23-08-2011 3 / 5 3 Gram Panchayat, Zila Parisad and Nagar Nikay should have been considered on priority basis. Petitioners’ case is that right from Ram Vinay Singh’s case the Govt. under different appointment rules have provided that the vacancies on the post of teachers will be filled by trained candidates and only in case of non-availability of trained teachers untrained teachers will be appointed. This provision was there under 2003 Rules when appointments of teachers were being made on regular pay scale. Similar provision has been made under Bihar Panchayat Primary Teachers (Appointment and Service) Conditions Rules, 2006, amended Rule 2008, Bihar Nagar Nikay Teachers (Appointment and Service) Conditions Rules, 2006 and amended Rule 2008 and Bihar Zila Parisad Secondary Teachers (Appointment and Service) Conditions Rules, 2006 and amended Rule 2008. Despite there being provision for appointment of trained teachers on priority basis against the vacancies, it is being violated. Untrained teachers or so called trained teachers on the basis of that forged certificates are being appointed, petitioners’ legal right are thus being infringed. In case of non-consideration of candidature of any applicant by the Selection Committee as provided under these Rules, the applicant has to approach the statutory forum provided Patna High Court CWJC No.2714 of 2009 (5) dt.23-08-2011 4 / 5 4 under the Rules individually. The writ application has been filed in representative capacity, this is one reason that the claim of the petitioner cannot be considered. Secondly, I find that petitioners’ prayer for centralized appointment process cannot be considered, unless the provision for appointment under different Rules are not challenged or amended. Petitioners have not challenged the vires of any of the Rule. In that view of the matter, the relief regarding initiation of appointment process on centralize basis is not maintainable. Otherwise also, in case of non-consideration of their candidature, applicants can file their appeal individually, for which statutory forum is available, for challenging any appointment made in violation of the Rules. The members of the petitioners’ association are claiming to be trained, as such their candidature, as provided under appointment Rules, required to be considered on priority basis. In case that has not been done, and untrained candidates, inferior in merit, have been appointed, that could have been challenged by filing an appeal before the Appellate Tribunal, as provided under the Rules. Petitioners have not exhausted that remedy. In the facts and the circumstance, I do not find any merit in this writ application, it is dismissed, giving liberty to Patna High Court CWJC No.2714 of 2009 (5) dt.23-08-2011 5 / 5 5 each individual member of Bihar Pradesh B.ed. Trained Association, for filing an appeal before the concerned District Teachers Appointment Appellate Tribunal, if they have any reason for filing such appeal. In case individual, with specific case approaches the Tribunal by filing an appeal within six weeks from today, the Tribunal should condone the delay and decide their cases on merit after giving opportunity of hearing to all concerned. DKS/ (Mridula Mishra, J)