IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2100 of 2009 1. THE STATE OF BIHAR. 2. THE COMMISSINER-CUM- SECRETARY, DEPARTMENT OF HUMAN RESOURCES, NEW SECRETARIATE, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION –CUM- DISTIRCT PROGRAMME CONVENOR, KATIHAR. 4. THE DISTRICT MASS EDUCATION OFFICER, KATIHAR. (RESPONDENT NOS. 1,3,4,7) ----- PETITIONERS. Versus 1. ABDUL QUADIR, SON OF ABDUL RASBANI, RESIDENT OF VILLAGE – KALIGANJ, BLOCK AND P.S. – AZAM NAGAR, DISTRICT – KATIHAR. (WRIT PETITIONER) --- OPPOSITE PARTY IST SET. 2. THE SECRETARY-CUM- PROJECT DIRECTION, NATIONAL CHILD LABOUR PROJECT SOCIETY, KATIHAR. 3. THE ASSISTANT DIRECTION, SOCIAL SECURITY CUM PROJECT DIRECTION, NATIONAL CHILD LABOUR PROJECT SOCIETY, SECRETARIATE BUILDING, PATNA. 4. THE ASSISTANT DIRECTOR, NATIONAL CHILD LABOUR PROJECT SOCIETY, KATIHAR. (RESPONDENT NOS. 2,5,6) --- OPP. PARTY 2ND SET 5. THE MATAFAR TAWEJ HANDI CAPPED DEVELOPMENT SOCIETY COLLEGE COLLEGE ROAD, POST OFFICE COLLEGE ROAD, P.S. – AS MANAGER, DISTRICT – KATIHAR THROUGH IS SECRETARY ABDUL GAFFAR. (RESPONDENT NO. 8) -------- OPPOSITE PARTY. ----------- 06/ 21.12.2009 Heard the counsel appearing for the State and the counsel representing Opposite Party No. 1 in the present modification application, who was the petitioner in C.W.J.C. No. 17502 of 2008. This application for modification has been filed on behalf of State for modification of order dated 9.1.2009 passed in C.W.J.C. No. 17502 of 2008. By this order a direction was issued to the District Superintendent of - 2 - Education –cum- District Programme Convenor, Katihar and the District Jan Shikchha Padadhikari, Katihar to issue experience certificate in favour of the petitioner for the period he had working on the post of teacher in the Child Labour Special School, run by the O.P. No. 5, the Matafar Tawej Handicapped Development Society, Katihar. In the modification application it is stated that direction was issued in the light of Rule 9 of the Guideline of 2008 contained in Notification NO. 3151 dated 25.8.2008. Under Rule 9 the District Jan Shikchha Padadhikari, Katihar, i.e. District Mass Education Officer and District Superintendent of Education is empowered to issue experience certificate of Instructors of Non- formal education, governed by Education Department only. So far petitioner is concerned, he was a teacher in the Child Labour Special School under the Welfare Department. Rule 9 has no application in the case of teacher, working in Child Labour Special School under Welfare Department. In the case of writ petitioner the Director, National Child Labour Project Society is the only competent authority to grant experience certificate. - 3 - In the facts and circumstances, the order dated 9.1.2009 passed in C.W.J.C. No. 17502 of 2008 is modified to the extent that instead of District Mass Education Officer, Katihar a direction is being issued to the Director, National Child Labour Project Society, Katihar for issuing experience certificate in favour of the petitioner for the period he has worked on the post of teacher in Child Labour Special School. The experience certificate should be issued by the Director, National Child Labour Project Society, who is placed as O.P. No. 2 in the modification application for issuance of experience certificate within four weeks from the date of production/ communication of the order. This application is allowed. DKS/ (Mridula Mishra, J.)