IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2531 of 2009 RAM VINAY SINGH, S/O LATE SURAJ SINGH, RESIDENT OF VILLAGE SIRSABALLI, P.O. SARAI BUX, VIA – GARKHA, P.S. BHELDI, DISTRICT – SARAN. ………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA. 3. THE D.M., SARAN, CHAPRA. 4. THE DISTRCIT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA. 5. THE B.D.O., DARIYAPUR PRAKHAND, DISTRICT – SARAN. 6. THE B.D.O., DIGHWARA PRAKHAND, DISTRICT – SARAN 7. THE B.D.O., PARSA PRAKHAND, DISTRICT – SARAN 8. THE B.D.O., MAHAURA PRAKHAND, DISTRICT – SARAN 9. THE B.D.O., BISHAMBER PUR PRAKHAND, DISTRICT – SARAN 10. THE B.D.O., PRATAPPUR PRAKHAND, DISTRICT – SARAN 11. THE B.D.O., SAJJANPUR PRAKHAND, DISTRICT – SARAN 12. THE PRAKHAND PRAMUKH, DARIYAPUR PRAKHAND, DISTRICT – SARAN. 13. THE PRAKHAND PRAMUKH DIGHWARA PRAKHAND, DISTRICT – SARAN. 14. THE PRAKHAND PRAMUKH, MAHRURA PRAKHAND, DISTRICT – SARAN. 15. THE MUKHIYA, BISHAMBERPUR PANCHAYAT UDNER BISHAMBERPUR PRAKHAND, DISTRICT – SARAN. 16. THE MUKHIYA, PRATAPPUR PANCHAYAT UNDER PRATAPPUR PRAKHAND, DISTRICT – SARAN. 17. THE MUKHIYA, SAJJANPUR MATIHAN PANCHAYAT UNDER MATIHAN PRAKHAND, DISTRICT – SARAN. ……….. RESPONDENTS. With CWJC No.2546 of 2009 BINOD KUMAR, S/O SHRI RAM KUMAR SINGH, RESIDENT OF VILLAGE MAHRUA, P.O. GARKHA, P.S. BHELDI, DISTRICT – CHAPRA. ………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA. 3. THE D.M. SARAN, CHAPRA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN, AT CHAPRA. 5. THE B.D.O., AMNAUR PRAKHAND, DISTRICT – SARAN. 6. THE B.D.O. GARKHA PRAKHAND, DISTRICT – SARAN. 7. THE B.D.O. (BLOCK DEVELOPMENT OFFICER), RAIPURA PRAKHAND, DISTICT – SARAN. 8. THE PRAKHAND PRAMUKH, AMNAUR PRAKHAND, DISTRICT – SARAN. 9. THE PRAKHAND PRAMUKH GARKHA PRAKHAND, DISTRICT – SARAN. 10. THE MUKHIYA, RAIPURA PANCHAYAT UNDER BISHAMBHERPUR PRAKHAND, DISTRICT – SARAN. ……….. RESPONDENTS. ----------- 03/ 30.06.2011 Heard counsel for the petitioners and counsel appearing for the State. 2 Petitioners’ prayer is for a direction to the respondents to make arrangement for petitioners’ participation in the counseling of Block teachers post, going to held in different Blocks, such as Dariyapur Prakhand, Dighwara Phakhand, Parsa Prakhand, Morhowrah Prakhand, Amnaur Prakhand and Garkha Prakhand, for allowing to participate in the selection process of Panchyat Teacher’s appointment at Bishamberpur Panchayat, Pratappur Panchayat, Sajjanpur Matihan Panchayat and Raipura Panchayat. Petitioners have further prayed that the respondents be directed to consider their candidature for appointment as a trained teacher, in view of judgment dated 21.1.1990 passed by the Supreme Court passed in Civil Appeal No. 1129 of 1989. Petitioners’ case is that they had applied for their appointment as Block teacher/Panchayat teacher in the second phase of teacher’s appointment initiated in the year, 2008. However, their candidature is not being considered, on account of the list of unrecognized institution supplied by the Director, Primary Education to the authorities engaged in 3 selection of Block/Panchayat teachers. In the list of unrecognized institution the name of Bhagwan Budh Primary Teacher Training College, Bajrahiya, Siwan has also been included at serial no. 10 with a noting that recognition had been granted to this institution by the State Govt. vide departmental letter No. 1106 dated 27.11.1987 and letter No. 1049 dated 31.12.1990 for Six Sessions, but subsequently proposal for extension of recognition has been rejected by the State Govt. and also by N.C.T.E. vide letter No. 10728 dated 10.4.2008. Counsel for the petitioners submits that the Apex Court in Civil Appeal No. 1129 of 1989 had specifically issued direction for publication of result of such students, who appeared in the examination from this institution in the Sessions 1983-85 to 1986- 88 and 1988-90, since State Govt. had duly recognized this institution for imparting education for teachers training course, and students had undergone teachers training during these sessions, under bonafide impression that there is valid recognition in favour of this institution. Any subsequent rejection, 4 for the subsequent sessions will not affect the genuineness and recognition of their teachers training certificate, they are entitled for consideration of their candidature for appointment as trained Block teacher as well as trained Panchayat teacher, on the basis of their training certificate. They should be legally appointed as trained teachers on the strength of their teachers training certificate. The list of unrecognized institution (Annexure-2), indicate that period during which the petitioners had undergone their teachers training, is not being disputed rather it is mentioned that subsequent to 1987-89 the proposal for extension of recognition was rejected. In the given facts and circumstances of the case, the authorities engaged in selection process of Prakhand/Panchayat teachers are directed to recognize training certificate of the petitioners, as a genuine training certificate and consider their candidature for selection as trained teacher. Simply, because petitioners have completed their teachers training from Non-government Bhagwan Budh Primary Teacher Training College, Bajrahiya, Siwan, 5 whose recognition was subsequently cancelled and the institution has been empanelled in the list of unrecognized institution, petitioners’ case cannot be debarred from being considered for selection/appointment as Prakhand/Panchayat teacher, in any preset/future selection process. Both the writ applications are allowed. DKS/ (Mridula Mishra, J.)