IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1808 of 2009 ====================================================== Kumari Usha, Wife of Mohan Kumar Choudhary, Resident of Village – Pikouli, P.S. – Ujjaipur, District – Samastipur. .... .... Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development, Government of Bihar, New Secretariat, Patna. 2. Director, Primary Education, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 3. District Education Officer, Samastipur. 4. Block Education Extension Officer, Bibhutipur, Samastipur. 5. Nodal Officer, Teachers Appointment Wing, Samastipur. 6. Mukhiya, Gram Panchayat, Pateli-I, Samastipur. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Ambar Nath Benerji Mr. Bimlendu Shekhar Thakur Mr. Priyank Deepak For the Respondent/s : Mr. (Sc7) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 07/ 09-09-2011 Heard counsel for the petitioner and counsel appearing for the State. Since, no counter affidavit has been filed on behalf of the State despite several adjournments, the matter is being decided without any counter affidavit. Petitioner has passed Madhyama examination, which is equivalent to Matric examination. She has also obtained teacher’s training degree from Millia Kazim Fatima Women’s Non Government Primary Teachers Training Patna High Court CWJC No.1808 of 2009 (7) dt.09-09-2011 2 / 4 2 College, Rambagh, Purnea in the Session 1986-88. Petitioner’s grievance is that though she is entitled for consideration of her candidature for participating in counselling and being appointed on the post of Panchayat Teacher, the Respondents have refused to allow her to participate in the counselling on the ground that the institution from which she has obtained her teachers’ training degree is not a recognized institution. The respondents had taken stand that vide letter dated 28.8.2008 a list of unrecognized institutions have been issued by the Human Resources Development Department, in which the name of Millia Kazim Fatima Women’s Non Government Primary Teachers Training College, Rambagh, Purnea is also listed. She is not entitled to be considered for appointment to the post of Panchayat Teacher as a trained candidate. Counsel for the petitioner submits that there was a valid recognition of the State Govt. to the institution during the Sessions 1986-88, when the petitioner was undergoing teacher’s training as a regular student. The Govt., vide notification dated 15.12.1994 had granted approval to the Training College for imparting teacher’s training education for the Sessions 1985-87 up to 1993-94. Subsequently, Director, Patna High Court CWJC No.1808 of 2009 (7) dt.09-09-2011 3 / 4 3 Primary Education also issued letter dated 29.12.2008 making it clear that the degree granted by certain minority college are in valid degree. Simply because the name of petitioner’s institution has also been included in the list of unrecognized institution, her degree cannot be invalidated for the purposes of appointment as a trained teacher. Counter affidavit has not been filed on behalf of the State, as such the submission made on behalf of the petitioner and the statement in the writ application has remained uncontroverted. There is no denial that for the session during which petitioner had undergone teacher’s training course, institution had no valid recognition of the State Govt. There is no statement, made on behalf of the respondents-State that the minority institution, from where the petitioner has obtained her teacher’s training degree, was not an institution authorized to impart such educational course. In the given facts and the circumstance of the case, the prayer of the petitioner is fit to be allowed. The Respondents, District Education Officer, Samastipur as well as Mukhiya and Panchayat Secretary of Gram Panchayat, Pateli- I, Samastipur are directed to conduct counselling and allow the petitioner to participate in it for considering her Patna High Court CWJC No.1808 of 2009 (7) dt.09-09-2011 4 / 4 4 candidature for appointment on the post of Panchayat Teaher, in case vacancies are still existing in this Gram Panchayat for the appointment of Panchayat Teacher. The counselling must be conducted within three weeks from the date of communication/production of the order, in case vacancy on the post of Panchayat Teacher is, in the Gram Panchayat. This application is allowed. DKS/ (Mridula Mishra, J)