IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4879 of 2008 AWADHESH KUMAR & ANR Versus THE STATE OF BIHAR & ORS WITH CWJC No. 10796 of 2008 FARHAT ARA BEGUM Versus THE STATE OF BIHAR & ORS WITH CWJC No. 16889 of 2008 RITA KUMARI Versus THE STATE OF BIHAR & ORS WITH CWJC No. 17300 of 2008 LAL MUNI KUMARI & ANR Versus THE STATE OF BIHAR & ORS WITH CWJC No. 18502 of 2008 MANOJ KUMAR CHAUDHARY & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 475 of 2009 SURYANAND YADAV & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 550 of 2009 ARUN KUMAR JHA & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 901 of 2009 RANJAN KUMARI & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 1392 of 2009 SHAMBHU MEHTA & ORS 2 Versus THE STATE OF BIHAR & ORS WITH CWJC No. 1935 of 2009 VINOD KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 2661 of 2009 ARUN KUMAR & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 2742 of 2009 SITA RAM SAHU Versus THE STATE OF BIHAR & ORS WITH CWJC No. 3640 of 2009 BINOD KUMAR MEHTA & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 3852 of 2009 RUBI RANI & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 3953 of 2009 ASHOK SHARAN & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No. 4254 of 2009 RAJESH KUMAR Versus THE STATE OF BIHAR & ORS WITH CWJC No. 4514 of 2009 SUNIL KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS WITH 3 CWJC No. 4670 of 2009 SATISH CHANDRA JHA & ORS Versus THE STATE OF BIHAR & ORS (In C.W.J.C. Nos. 18502/2008 and 550/2009). For the petitioner : Mr. D.K. Sinha, Adv. Mr. Gagandeo Yadav, Adv. Mr. Abhinay Raj, Adv. Mrs. Dr. Leelavati, Adv. For the Intervenors : Mr. Ram Shankar Das, Adv. For the Respondent : G.P.8 & G.A.-5. (In C.W.J.C. No. 475 of 2008). For the Petitioners : Mr. Ganesh Pd. Singh, (Sr. Adv.) Mr. Anil Pd. Singh, Adv. For the State : Mr. Shambhu Nath A.C. to G.P.-X. ( In C.W.J.C. No. 3953 of 2009) For the petitioner : Mr. Umesh Chandra Verma, Adv. For the State : Mr. Ravi Shankar (A.C. to G.P.-VII) (In C.W.J.C. No. 4514 of 2009) For the Petitioner : Mr. Ajay Kr. Gautam, Adv. For the State : Mr. Shambhu Nath, A.C. to G.P.-X. ( In C.W.J.C. No. 16889 of 2008) For the petitioner : Mr. Umesh Kumar Mishra, Adv. Advocate for the State : G.P. 15. (In C.W.J.C. No. 1935 of 2009) For the petitioner : Umesh Kumar Misha, Adv. For the State : G.P.-4. (In C.W.J.C. No. 1392 of 2009) For the petitioner : Mr. Uday Chandra Prasad, Adv. For the State : 1. Sunil Kumar Mandal, Adv. 4 2. Dr. Abdus Shakoor, Adv. A.C. to S.C.-15. ( In C.W.J.C. No. 3640 of 2009) For the petitioner : Mr. Unday Chand Pd., Adv. For the State : Mr. Santosh Kr. Singh, S.C. 22 Mr. Shailendra Kumar Singh, AC to SC-22. ( In C.W. J.C. No. 3852 of 2009) For the petitioner: Mr. Anil Kumar Sinha, Adv. For the State : Mr. Sunil Kumar Mandal, SC-15 Dr. Abdus Shakoor, AC to SC.-15. ----------- 3/ 16.09.2009 Heard the counsel appearing for the petitioners and the counsels representing the State. The Issue involved in all these writ applications relates to recognition of B.T.C. Degree issued from Gandhi Hindi Vidyapeeth, Prayag, Allahabad. Petitioners in all these writ applications have completed their B.T.C. Course which is teachers training course from Gandhi Hindi Vidyapeeth Prayag, Allahabad. In C.W.J.C. Nos. 4879 of 2008, 10796 of 2008 and 17300 of 2008 petitioners have been terminated from services for the reason that they 5 were appointed considering their teachers training degree (B.T.C.) issued from the institution which is not being recognized by the State and its authority as a genuine institution for imparting such degree. Petitioner in C.W.J.C. No. 16889 of 2008 was also appointed as Panchayat Teacher considering the B.T.C. degree but still she is continuing on her post. A show cause notice had been issued to her which has been replied by her but, her salary is not being paid to her, despite the fact that she is discharging the duties. Petitioners in all other writ applications have come before this Court for a direction to the Appointment Committee constituted for Panchayat/Prakhand Teachers for considering their candidature for appointment as trained teachers on the basis of their B.T.C. certificates in the IInd phase of Panchayat/Prakhand Teachers. Considering the fact that the petitioners who are already been appointed on the basis of these certificates and who claim to have their 6 degrees obtained prior to coming into force of N.C.T.E. Act and also that their cases is completely covered by the decision of this Court passed in C.W.J.C. No. 469 of 2009 and analogous cases. Their writ applications are allowed. The termination orders are quashed. The respondent authorities are directed to examine petitioners’ B.T.C. Degrees issued from Gandhi Hindi Vidyapeeth Prayag, Allahabad, just to find out whether they had completed their course prior to 17.08.1995 i.e., the date with effect from which the National Council of Technical Education, Act came into force. In case they had completed their degree prior to that, the respondents are restrained from taking any coercive steps against the petitioners in future. The respondents are further directed to re-instate them with all consequential benefits. So far petitioner in C.W.J.C. No. 16889 of 2008 is concerned, the respondents are directed to make payment of arrears of salary as well as current salary since she is already working she shall be 7 allowed to work on the post. Her certificate should also be examined, to verify the date of completion of course and issuance of certificate. The writ applications in which the petitioners have prayed for consideration of their candidature for appointment are being disposed of giving liberty to the petitioners to approach the Director, Research and Training Department, Human Resources Development Department, Bihar Patna. Counsel appearing for the State is directed to communicate this order to the Director, Research and Training Department, Human Resources Development Department, Bihar, Patna for examining all the B.T.C. certificates. The petitioners will produce their certificates of B.T.C. Degree for verification whether they have completed their teachers training prior to 1995. The Director, Research and Training Department, Human Resources Development Department, Bihar Patna will also consider whether the State Government’s 8 recent decision for putting the institution of petitioners from where they have completed their training course, in the un-recognized institution, will have any effect on their B.T.C. course. As petitioners claim that this decision relates only to post-graduate and under-graduate degree. The verification should be completed within eight weeks from the date of filing of representations by the petitioners. In case it is found, all petitioners are entitled for consideration of their candidature, a general order should be issued by the Director, Research and Training, Department of Human Resources Development, Government of Bihar, Patna giving reference of petitioners’ case, so that the appointing authority at their relevant places can proceed with in the matter of their appointment, in accordance with law. A copy of this order be handed over to J.C. to G.P.-IV. Sanjeet. (Mridula Mishra, J.)