IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.199 of 2010 KUNDAN KUMAR SINGH S/O SRI SURENDRA KUMAR SINGH R/O VILL- RAJDHAM, P.O +P.S- MAHESHKUNT, DISTT- KHAGARIA VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY CUM COMMISSIONER HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA 4. THE DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA 5. THE RGIONAL DEPUTY DIRECTOR (EDUCATION) SAHARSA 6. THE DISTRICT EDUCATION OFFICER CUM ZILA PARISHAD, TEACHERS SELECTION COMMITTEE, PURNEA 7. THE MEMBER, DISTRICT TEACHER SELECTION APPELLATE AUTHORITY, PURNEA 8. THE PRINCIPAL SISTER NIVADITA COLLEGE, 137B, DINENDRA STREET (OPP. AYURVEDIC HOSPITAL), SHYAM BAZAR, KALKUTA- 700004. WITH CWJC No.211 of 2010 AMBRISH KUMAR KASHYAP S/O LATE TAPESHWAR PODDAR R/O VILL +P.O- JHIKTIA, P.S- MAHESHKUNT, DISTT- KHAGARIA VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEPARTMENT BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA 4. THE DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA 5. THE REGIONAL DEPUTY DIRECTOR (EDUCATION) SAHARSA 6. THE DISTRICT EDUCATION OFFICER CUM ZILA PARISHAD TEACHERS SELECTION COMMITTEE, PURNEA 7. THE MEMBER, DISTRICT TEACHER SELECTION APPELLATE AUTHORITY, PURNEA 8. THE PRINCIPAL SISTER NIVADITA COLLEGE, 137B, DINENDRA STREET (OPP. AYURVEDIC HOSPITAL), SHYAM BAZAR, KALKUTA- 700004. ----------- For the Petitioners : Mr. Ranjeet Kumar Singh-2 & Pawan Kumar Singh, Advocates. For the State : Mr. Amit, AC to SC-19. ------------ 04 18.11.2010 By these two writ petitions, the two petitioners - 2 - challenge their non-selection to the post of Panchayat Teachers. The minimum eligibility for Panchayat Teacher is Intermediate with teaching certificate. The problem is with their Teachers’ Training Certificate which they have obtained from Sister Nivadita College, 137B, Dinendra Street (Opp. Ayurvedic Hospital) Shyam Bazar, Calcutta. Their candidature is not being accepted as this College, it is said, is not recognized from the National Council for Teacher Education (NCTE). A counter affidavit has been filed in C.W.J.C. No.211 of 2010 in which the State Government circulars have been annexed in which with specific reference to the petitioners’ institution, it is stated, that the said Institution does not have recognition at all. The circulars also state that any Institution which does not have recognition their degree/diploma certificates granted after 17.08.1995 would not be recognized as acceptable. In these two cases, so far as petitioner, Kundan Kumar Singh is concerned, his certificate has been granted by Sister Nivadita College, 137B, Dinendra Street (Opp. Ayurvedic Hospital) Shyam Bazar, Calcutta on 19.06.1995, that is, before cut off date, subject to the certificate being otherwise valid. This certificate has to be given due credence. But, that is not the case in so far as the second writ petitioner, Ambrish Kumar Kashyap is concerned, here admittedly the examination itself was conducted on 28.08.1996, after the cut off date and the certificate was issued on 29.10.1996, which lacks validity inasmuch as the Institution did not enjoy the recognition by the NCTE. - 3 - Thus, this writ petitioner cannot get any relief from this Court. In view of the facts as noted above, so far as first writ petition is concerned, it is allowed with a direction that the certificate granted by the Sister Nivadita College, 137B, Dinendra Street (Opp. Ayurvedic Hospital) Shyam Bazar, Calcutta would be valid for consideration if it is otherwise validly obtained but so far as second writ petition is concerned, it merits no consideration and is dismissed accordingly. Trivedi/ (Navaniti Prasad Singh, J.)