IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6577 of 2007 1. Dilip Kumar, son of Sri Vijay Narayan Yadav, resident of Village Laguniya, Surya Kanth, P.S. Samastipur, Dist. Samastipur. 2. Pramila Kumari, son of Sri Ram Basan Rai, resident of Village Samhota, P.S. Kopa, Dist. Chapra (Saran). 3. Ganesh Prasad, son of Sri Laxmi Narayan Sah, resident of Village Mushapur, P.S. Samastipur, Dist. Samastipur. -------- Petitioners Versus 1. The State of Bihar through Secretary, Human Resources, Department, Government of Bihar, Patna. 2. The Secretary, Primary and Secondary Education, Government of Bihar, Patna. 3. District Magistrate, Samastipur, Dist. Samastipur. 4. Block Development Officer, Samastipur Block, Dist. Samastipur. 5. District Education Superintendent cum District Programme Co- ordinator, Bihar, Education Project Samastipur. ----------- Respondents ----------- 2 15.09.2011 Heard Mr. Kumar Kaushik, learned counsel for the petitioner and Mr. Sashishekhar Jha, learned AC to GA-I for the State. The following prayer of the petitioner in this writ application:- “1(i) Issue a nature of mandamus to the respondents to consider the certificate to the petitioners issued by Intermediate Council Patna in vocation course as equivalent to Intermediate (undergraduate) Certificate. (ii) To issue a nature of writ, order or direction to the respondent to consider his candidature in the application for teacher in Primary School and Middle School and after consideration appointment shall be made by the respondent. (iii) To issue a nature of writ of 2 certiorari for quashing of the letter of respondent no.3 bearing 4564/C.G. whereby and whereunder, the direction has been issued that while preparing the merit list for the post of Teacher, the degree of M.L.T. (Medical Lab. Technician) cannot be located as under Graduate Degree.” stands answered by an order of the State Government in the Human Resource Development Department contained in Memo No. 3335 dated 9.9.2008, wherein, it has been stated as follows:- ^^fcgkj ljdkj ekuo lalk/ku fodkl foHkkxA vkns'k la[;k& 7@fu0&3&11@08 ek0 3335 % ekuuh; mPp U;k;ky; n~okjk lh0MCyw0 ts0lh0 la[;k 4878@07 ,oa vU; layXu oknksa esa fnukad 19-2-01 dks ikfjr vkns'k rFkk ,y0ih0 la[;k 469@2008 esa fn;s x;s fu.kZ; ds vkyksd esa ljdkj n~okjk lE;d~ fopkjksijkUr ;g fu.kZ; fy;k x;k gS fd O;kolkf;d f'k{kk esa buVjehfM;V mRrh.kZ vH;kfFkZ;ksa dk iapk;r@iz[kaM ,oa uxj f'k{kd esa fd;k x;k@fd;s tkus okys fu;kstu oS/k ekuk tk;sA g0@& izdk'k pUnz flag] ljdkj ds la;qDr lfpo fcgkj Kkikad 3335 iVuk] fnukad 9-9-08 Izfrfyfi funs'kd ¼izkFkfed f'k{kk½] fcgkj@ lHkh ftyk inkf/kdkjh@ lHkh mi fodkl vk;qDr@ lHkh ftyk f'k{kk v/kh{kdksa dks lwpukFkZ ,oa vko';d dk;kZFk izsf"krA g0@& 9-9-08 ¼izdk'k pUnz flag½] ljdkj ds la;qDr lfpo] fcgkj** Thus, whatever was stated by the State in the counter affidavit prior to the 3 issuance of the aforementioned order including reliance on an order of the Director, Primary Education dated 30.4.2007 (Annexure-A) becomes irrelevant. Consequently, this Court would direct that the case of the petitioner would be considered in any future selection on the post of Prakhand/Panchayat Teacher on the basis of their qualification of Intermediate in vocational education. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)