IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10585 of 2009 MADHURI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 06.10.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for quashing the order contained in memo No. 112 dated 16.07.2009 whereby the appeal preferred by the petitioner before District Teachers Employment Appellate Tribunal, Samastipur has been rejected. The petitioner has preferred an appeal before the Appellate Tribunal making a grievance that her name has not been included in the merit list for teachers’ appointment ignoring Teachers Training Certificate issued from the institution, namely, Milia Kaniz Fatma Women’s Primary Teachers Training College, Rambagh, Purnea. In support of her claim, the petitioner has placed reliance on Division Bench Judgment passed in L.P.A. No. 641 of 2005 (Raushan Ara & Ors. Vs The Bihar School Examination Board & Ors.). In this decision, it has been held that the college was granted recommendation. In that writ application, the petitioners were students who had appeared in the Teachers’ Training Examination conducted by very institution, namely, Milia Kaniz Fatma Women’s Primary Teachers Training College, Rambagh, Purnea. The Division bench while considering the case of the petitioners, has held that the college was granted recommendation by order dated 15.12.1994 for the year 1985-87 2 to 1993-95. Thus the period during which the appellants were students of the college are covered by the said order and the recommendation was subsequently cancelled by order dated 19.04.2002. As such, he cannot have any effect in the case of such students who appeared in the examination conducted for the sessions, 1985-87, 1986-88 and in the year, 1990. Petitioner’s case is that she also had appeared in the same examination which was considered before the Division bench and as such, her certificate should not have been ignored by the Selection Committee for preparing the merit list and issuance of appointment letter as a trained teacher. However, the appellate forum without considering the decision passed by this court, has simply rejected the petitioner’s claim. It has also been submitted that in a similar circumstance, the Teachers Employment Appellate Tribunal, Purnea has allowed the relief to another similarly situated applicants for teachers’ appointment. Considering these facts and also that the Division Bench of this court has held that there was valid recommendation to this institution for the period 1985-87 to 1993-95, as such any teachers training certificate issued for this very period, cannot be held as a certificate of training issued from an unrecognized institution. Petitioner’s prayer for a direction to the respondent-authorities to include her name in the merit list and issued appointment letter as trained teacher was worth consideration by the appellate authority but the same has been rejected. 3 Accordingly, the order contained in Memo No. 112 dated 16.07.2009 issued by the appellate authority, Samastipur is quashed. The respondents No. 5, 6 & 7 are directed to consider petitioner’s Teacher’s Training Certificate for deciding her merit including her name in the merit list. In case she is found to have scored sufficient marks for selection, in that case, she is also being considered for appointment as trained teacher. This writ application is, accordingly, allowed. AKV/ (Mridula Mishra, J.)