Patna High Court CWJC No.4020 of 2009 (5) dt.12-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4020 of 2009 ====================================================== Dharmveer Kumar .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Baidya Nath Thakur Mr. Shankar Kumar Thakur For the Respondent/s : Mr. (Ga10) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 12-09-2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of order dated 23.12.2008 issued by the District Education Officer, Khagaria, whereby petitioner’s appointment on the post of Block Teacher in Khangaria Block has been denied on the ground of his having teachers’ training certificate from Dr. Bhimrao Ambedkar Hindi Sanskrit Vidyapeeth, Bihar, which is not recognized by the State Government. Further prayer of the petitioner is for a direction to the respondent to appoint him on the post of Block Teacher, for which he had participated in the final selection in the selection process held in May, 2006. Petitioner in response to the vacancies advertised on the Patna High Court CWJC No.4020 of 2009 (5) dt.12-09-2011 post of Block Teacher had applied for being appointed as trained Block Teacher. The petitioner had passed Intermediate examination with first division markes. He also obtained Teachers training Degree from Dr. Bhim Rao Ambedkar Hindi Sanskrit Vidyapeeth, Bihar, Begusarai in the year 1990. Petitioner’s claim is that the Institution from which he had obtained Teachers degree is recognized by the State of Bihar. In support of his contention he has annexed the letter issued by the Director, Research and Training Department of HRD, Government of Bihar(Annexure-7). Through this letter all District Education Officers and District Superintendent of Education, Bihar were intimated that Dr. Bhim Rao Ambedkar Institute is fully functional Institute and it was recognized by the State Government with effect from 1986. The Institution is maintaining the standard set out by the State Government. However, the petitioner was not appointed on the post of trained Block Teacher on the ground that training certificate has not been obtained from a recognized Institution. Though Annexure-7 to the supplementary affidavit issued by the Director, Research and Training, Department of H.R.D., Government of Bihar, completely contradicts the stand of the respondents. Counsel for the State was directed to file counter Patna High Court CWJC No.4020 of 2009 (5) dt.12-09-2011 affidavit specially with respect to Annexure-7. The counter affidavit filed on behalf of the State, states at no point of time the Institution was recognized by the State Government. So far the letter annexed by the petitioner as Annexure-7 is concerned, it is a forged letter. No such letter had ever been issued by the Director, Research and Training Bihar, Patna claiming the degree has been recognized. In view of the counter affidavit and the supplementary counter affidavit filed on behalf of the State, I find no merit in the application. Petitioner did not obtain requisite qualification for being appointed as trained Block teacher; as such no direction can be issued. The writ application is dismissed. Arun Kumar/- (Mridula Mishra, J)