IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8217 of 2009 RAJO KUMARI, daughter of Musafir Singh, wife of Surendra Singh, resident of village + P.O. – Dhangain, P.S. Bikramganj, District – Rohtas. …… Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Bihar School Examination Board, Patna. 3. The District Magistrate, Rohtas, Sasaram. 4. The District Superintendent of Education, Rohtas, Sasaram. 5. The Block Education Extension Officer, Bikramganj, Rohtas. 6. The District Teachers Appointment Appellate Tribunal, Rohtas, Sasaram. …. Respondents. For the Petitioner : - Mr. Din Bandhu Singh, Advocate Mr. Santosh Kumar, Advocate For the B.S.E.B. : - Mr. S.K. Mandal, Advocate For the State : - Mr. Kinkar Kumar, AC to GP21 ----------- 03/ 12.03.2010 Heard counsel for the petitioner, the State and counsel representing Bihar School Examination Board. Petitioner has filed this application for quashing of the order dated 26.2.2009 passed by District Teachers Employment Appellate Tribunal, Rohtas, Sasaram, whereby the petitioner’s prayer for declaring her teachers training degree obtained from Bhagwan Budh Primary Training College in the Session 1987-89 has been rejected declaring the degree invalid and unrecognized for the purposes of appointment on the post of Panchayat teacher. Counsel for the petitioner submits that the order passed by the Appellate Tribunal shows total non- - 2 - application of mind. This order has been passed in contrary to the judgment and order passed in C.W.J.C. No. 5381 of 2004 dated 22.8.2006, whereby the teachers training degree obtained from Bhagwan Budh Teacher’s Training College, Bajhariya, Siwan for the Sessions 1987-89, 88-90 till 1993 has been declared as a valid degree and also held that issue has already been decided by the Supreme Court, that for the Session 1987 to 1990, there was recognition of State Govt. to this institution for imparting teachers training course to students up to the limit of 100 in number in one session. Counter affidavit has been filed on behalf of Bihar School Examination Board. In para 7 of the counter affidavit it has been admitted that the petitioner was an examinee of 1987-89 batch of Teachers Training Examination under roll code 9201 and roll no. 118. Her result was published as well as certificate issued by the Board. This statement shows that the petitioner was a genuine student of this institution, which had valid recognition for the Session 1987-89 as per the judgment of the High Court. In the counter affidavit filed by the State the - 3 - D.S.E., Rohtas, however, raised objection with regard to non-inclusion of Mukhiya and Secretary as a party. It has also been stated that the recognition of the institution has been cancelled by the State Government in the year, 1993. This statement is indicative of this fact that prior to that there was valid recognition of the State Govt. to this institution. The Appellate Authority has passed the order without properly examining the matter and holding proper enquiry in the matters of recognition of this institution. The teachers training degree obtained by the petitioner is a valid and recognized degree for the purposes of appointment as School teacher accordingly. The impugned order dated 26.2.2009 passed by the District Teachers Employment Appellate Tribunal, Rohtas, Sasaram is quashed. The teachers training degree obtained by the petitioner is valid and recognized for the purposes of appointment on the post of School teachers. This application is allowed. DKS/ (Mridula Mishra, J.)