IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.14184 of 2007 Ram Kishore Saw, S/O late Mahabir Saw, R/O village Nawadiha, P.S. Khaira, District Jamui .. Petitioner Versus 1. The State of Bihar 2. The Director, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Secondary Education, Government of Bihar, Patna 4. The District Magistrate, Jamui 5. The District Development Commissioner, Jamui 6. The District Education Officer, Jamui 7. The Chairman, Zila Parishad, Jamui .. Respondents With CWJC No.14191 of 2007 Sunil Kumar Thakur, S/O Sri Jamuna Prasad Thakur, R/O village Gofindpur, P.O. Sahura, P.S. Sangrampur, District Munger .. Petitioner Versus 1. The State of Bihar 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Secondary Education, Human Resources Development Department, Bihar, Patna 4. The District Magistrate, Jamui 5. The Deputy Development Department Commissioner, Jamui 6. The District Magistrate, Jamui 7. The Acting Head Master of High School Chaua, Jamui .. Respondents **** For the petitioners .. M/S R.K.Singh & Mrityunjan Kr. Advs. For the respondents .. S.C. III & X 2 /6/ 05.02.2009 Heard the parties. 2. Prayer of the petitioners in both the writ applications is to quash the orders issued by the District Education Officer, Jamui, contained in Memo No. 564, dated 28.08.2007 (in C.W. J.C. No. 14184 of 2007) and Memo No. 565, dated 28.08.2007 (in C.W. J.C. No. 14191 of 2007), whereby appointment of petitioners on the post of Assistant Teachers, Government High School, Lathlath Barhat, Jamui, and High School, Chuan, Jamui, has been cancelled on the ground that the institution from which they have done their teachers training course is not in the C.D. and list of valid training institution recognized by the State. 3. Petitioners’ case is that they have done their B.Ed. Teachers’ Training Course from National College of Education, Bhubaneshwar, Orissa, and Biju Patnaik College, Bhubaneshwar, Orissa. Sunil Kumar Thakur (petitioner in C.W. J.C. No. 14191 of 2007) has completed his B.Ed degree in the year 1992 and Ram Kishore Saw (petitioner in C.W. J.C. No. 14184 of 2007) in the year 1989. 4. Since, recognition of B.Ed degree of petitioner was the issue involved in the case. The counsel appearing for the State was directed to personally verify from Utkal University regarding recognition of the B.Ed degree of the concerned colleges from which petitioners have passed out as to whether it 3 is a recognized institution under the Utkal University. In case petitioners possess teachers’ training degree from a recognized institution then there should be no ground for holding this opinion that they are not eligible for appointment as Panchayat Teacher. It is a fact that at the relevant time when the petitioners had done their B.Ed. Teachers’ Training Course, N.C.E.T. Act was not in force. N.C.T.E. Act came into with effect from 17th August, 1995. 5. The supplementary counter affidavit has been filed by the State counsel in which it is stated that letter no. 839, dated 13.12.2008, sent by the respondent has been replied by the Controller of Examination, Utkal University, Orissa. The Examination Controller has informed vide letter no. 1063/2009, dated 21.01.2009, that Ram Kishore Saw, having Roll No. 488P011, had passed his B.Ed Teachers’ Training Course from Biju Patnaik College in second division in May, 1989, and Sunil Kumar Thakur, having Roll No. 2P1016, passed his B.Ed. Teachers’ Training Course from National College of Education, Bhuvaneshwar, in second division in the year 1992. There is no statement in this letter that degree from these two colleges is not recognized by Utkal University. Presumption will be that the B.Ed degree from these colleges is recognized by Utkal University. 4 6. Considering this fact, the ground for terminating petitioners’ appointment on the post of Assistant Teachers in different Government schools has become non-existent. 7. Accordingly, the order, contained in Memo No. 564 and 565, dated 28.08.2007, issued by the District Superintendent of Education, Jamui, whereby both the petitioners were terminated from service is quashed. The respondent, District Superintendent of Education, Jamui, is directed to allow the petitioners to join as Assistant Teachers in their schools where earlier appointed. It goes without saying that since the order of termination has been held illegal, the petitioners are entitled for all consequential benefits for which they would have been remaining in service. 8. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )