IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14469 OF 2009 ABDUL SADIQUE, S/O LATE MD. HAMIDUR RAHMAN, R/O VILLAGE BHAGAWANPUR, POST CHAUMUKH, P.S BOCHAHAN BLOCK BOCHAHAN, DISTRICT MUZAFFARPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2.THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT,BIHAR, PATNA. 3.THE COLLECTOR, DISTRICT MUZAFFARPUR. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 5.THE BLOCK DEVELOPMENT OFFICER, BOCHACHAN, DISTRICT MUZAFFARPUR. 6.THE BLOCK EDUCATION EXTENSION OFFICER, BOCHAHAN, DISTRICT MUZAFFARPUR. 7.THE SUKH SUBIDHA SAMITI, GRAM PANCHAYAT RAJ, BHUTANE, BLOCK BOCHACHAN, DISTRICT MUZAFFARPUR. 8.PRAKHAND PRAMUKH, GRAM PANCHAYAT RAJ, BHUTANE, BLOCK BOCHACHAN, DISTRICT MUZAFFARPUR. 9.THE MUKHIYA, GRAM PANCHAYAT RAJ, BHUTANE, BLOCK BOCHACHAN, DISTRICT MUZAFFARPUR. 10.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BHUTANE, BLOCK BOCHACHAN, DISTRICT MUZAFFARPUR. 11.THE PRINCIPAL, GOVERNMENT PRIMARY URDU SCHOOL, TURKI, BLOCK BOCHAHAN, DISTRICT MUZAFFARPUR. 12.THE MEMBER, DISTRICT TEACHER EMPLOYMENT APPELLATE TRIBUNAL, MUZAFFARPUR. 13.THE REGIONAL DIRECTOR, BIHAR REGION, THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION, BHUVANESHWAR, ORRISA. ………………………RESPONDENTS. ----------- 08/ 22.11.2011 Heard counsel for the parties. Learned counsel for the petitioner though had made an attempt to justify the appointment of the petitioner but 2 ultimately he could appreciate and realize the impediment and fatal infirmity in the appointment of the petitioner inasmuch he did not possess the prescribed qualification of two years teacher’s training course. Once this fact becomes admitted it has to be held that appointment of the petitioner was not permissible in view of the qualification prescribed in Rule-8 (2) and (3) of the Bihar Panchayat Prarambhik Shikshak (Niyojan and Sewa Sart) Niyamwali-2006. The very fact that the petitioner had completed only one year’s teachers’s training course whereas the requirement of the aforementioned rule was of having successfully undergone two years teachers’s training course would automatically make petitioner disentitled for continuance in service, inasmuch as, he did not possess the requisite qualification on the date of his appointment. Counsel for the petitioner next contended that the petitioner had not made any misrepresentation and therefore if by virtue of his appointment he could continue in service from 30.11.2006 to 13.03.2009 he 3 would be still entitled for his payment of salary which was stopped from 01.05.2007 even when his order of termination passed on 03.03.2009, was communicated to him on 13.03.2009. Mrs. Nivedita Nirvikar, learned counsel appearing on behalf of the State would fairly accept the position that the petitioner in the facts of this case will be entitled for payment of salary for the period he had worked before his service was terminated. In that view of the matter, while this Court would approve the order of termination of the petitioner, it would still, on the basis of the pleadings on record and submission of the parties, direct for payment of salary to the petitioner for the period from 01.05.2007 to 13.03.2009, inasmuch as, the petitioner’s appointment was made by the competent Authority without any misrepresentation on his part and therefore a mistake in making such appointment of the petitioner, despite his not possessing the requisite qualification in view work 4 taken from him till 13.03.2009, would make him entitled for payment of salary and the petitioner cannot be deprived of payment of salary for the actual work done by him. This application therefore, is disposed of with a direction to respondent nos. 9 and 10 for making payment of salary for the period from 01.05.2007 to 13.03.2009 within a period of three months from the date of receipt/production of a copy of this order after making the verification that he has not been made payment of such salary earlier. ‘ With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)