IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.14 of 2011 1.THE STATE OF BIHAR, through the Secretary, Human Resources Development Department, New Secretariat, Patna. 2. The Director(Secondary Education),Human Resources Development Department, Bihar, Patna. 3.The Director(Primary Education), Human Resources Development Department, Bihar, Patna. 4.The District Education Officer, Saran. 5.The District Education Officer, Vaishali. 6.The District Education Officer, West Champaran. 7.The District Superintendent of Education, Saran. 8.The District Superintendent of Education, Vaishali. 9.The District Superintendent of Education, West Champaran. 10.The Block Education Extension Officer, Sonepur Block, Saran District. 11.The Block Education Extension Officer, Dighwara Block, Saran District. 12.The Block Education Extension Officer, Parsa Block, Saran District. 13.The Block Education Extension Officer, Mashrak block, Saran District. 14.The Block Education Extension Officer, Moker Block, Saran District. 15.The Block Education Extension Officer, Madhaura Block, Saran District. 16. The Block Education Extension Officer, Ekma Block, Saran District. 17. The Block Education Extension Officer, Gorkha Block, Saran District. 18. The Block Education Extension Officer, Manjhi Block, Saran District. 19. The Block Education Extension Officer, Taraiya Block, Saran District. 20. The Block Education Extension Officer, Panapur Block, Saran District. 21. The Block Education Extension Officer, Amnapur Block, Saran District. 22. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 23. The Block Education Extension Officer, Goraul Block, District- Vaishali. 24. The Block Education Extension Officer, Mahua Block, District- Vaishali. 25. The Block Education Extension Officer, Bidopur Block, District- Vaishali. 26. The Block Education Extension Officer, Mahanar Block, District-Vaishali. 27. The Block Education Extension Officer, Patepur Block, District- Vaishali. 2 28. The Block Education Extension Officer, Desari Block, District- Vaishali. 29. The Block Education Extension Officer, Rajapakar Block, District-Vaishali. 30. The Block Education Extension Officer, Cheharakala Block, District-Vaishali. 31. The Block Education Extension Officer, Sahdai Buzurg Block, District-Vaishali. 32. The Block Education Extension Officer, Bhagwanpur Block, District-Vaishali. 33. The Block Education Extension Officer, Jandaha Block, District- Vaishali. 34. The Block Education Extension Officer, Patedhi Belsar Block, District-Vaishali. 35. The Block Education Extension Officer, Vaishali Block, District- Vaishali. 36. The Block Education Extension Officer, Lalganj Block, District- Vaishali. 37. The Block Education Extension Officer, Majhaulia Block, West Champaran District. 38. The Block Education Extension Officer, Sugauli Block, West Champaran District. 39. The Block Education Extension Officer, Harsidhi Block, West Champaran District. 40. The Block Education Extension Officer, Yogapatti Block, West Champaran District. 41. The Block Education Extension Officer, Loriya-I Block, West Champaran District. 42. The Block Education Extension Officer, Bagha-I Block, West Champaran District. 43. The Block Education Extension Officer, Chanpatiya Block, West Champaran District…………………………Appellants(Respondents) Versus 1.SATENDRA RAI, Son of Munilal Rai, R/o Vill-Fatehpur, P.O.- Parsa(Anjani).P.S.-Parsa, District-Saran. 2.Salik Sah, Son of Gorakh Sah, R/o Vill-Bhasahi, P.O.-Laxmipur, Via-Chuhai, P.S.-Chanpatia, District- West Champaran. 3.Balmukund Sharma, Son of Sonalal Sharma, R/o Vill- Chakjamal,P.O.-Sahdaibuzurg,P.S.-Desari,District-Vaishali. 4.Babu Nand, Son of Kalika Prasad, R/o Vill-Bisunpur, P.O.-Parsa, P.S.-Parsa, District-Saran. 5.Rajaram Sah, Son of Srinath Sah, R/o Vill-Bhesahi, P.O.- Laxmipur, Via-Chuhai, P.S.-Chanpatia, District-West Champaran. 6.Vinay Kumar Tiwary, Son of Ram Narayan Tiwary, R/o Vill- Lalpur, P.O.-Baksanda,Via-Parsa, P.S.-Parsa, District-Saran. 7.Sudist Singh, Son of Basudeo Singh, R/o Vill-Ralhi, P.O.-Ralhi, P.S.Majhaulia, district-West Champaran. 8.Arvind Kumar, Son of Ram Narayan Dubady, R/o Vill-Ralhi,P.O.- Ralhi,P.S.-Majhaulia,District-West Champaran. 3 9.Sunaina Kumari, D/o Umar Pandit,R/o Vill-Bhatiadasi, P.O.- Basara,P.S.-Rajapakar,District-Vaishali. 10.Kaushal Kishur Prasad, S/o Harendra Prasad Sharma,R/o Vill- Bhathadasi, P.O.-Basara, P.S.-Rajapakar, District- Vaishali……………………………...................Respondents(Petitioner s) ----------- 4. 27.06.2011 Heard learned counsel for the appellants and learned counsel for the respondents. It is the case of the State of Bihar and its officials, who are the appellants, that the learned writ Court has disposed of the writ petition preferred by the private respondents in terms of order dated 05.04.2009 passed in C.W.J.C.No. 469 of 209 under an erroneous impression that the qualification of Baby Teachers Certificate Training from Gandhi Hindi Vidyapith, Prayag, at Allahabad issued prior to 17.08.1995, the date when the N.C.T.E. Act came into force, had the required recognition of being equivalent to degree or diploma of training recognized by the State of Bihar . Learned counsel for the appellants has placed reliance upon a Division Bench judgment of this court which is annexed as Annexure-2 in support of his submission that only some of the certificates issued by the Hindi Vidyapith , Prayag, at Allahabad had been 4 accepted to be equivalent certificate for appointment for two posts of teacher in elementary school in Bihar and Baby Teacher Certificate Training was not one of them .A perusal of the judgment and order dated 17.04.2009 in the case of Sanjeev Kumar & Ors.Vs. The State of Bihar & Ors. contained in Annnexure -2 not only supports the case of the appellants but discloses the basis for coming to the aforesaid conclusion. That relies upon an earlier judgment of this Court in the case of Dhirendra Kumar Singh and Ors. Vs. The State of Bihar & Ors. reported in 2008(1)PLJR583. Learned counsel for the private respondents could not show any judgment contrary to that contained in Annexure -2 nor placed any material to rebut the contention that Baby Teacher Certificate Training has not been granted required equivalence by the State of Bihar so as to enable the writ petitioners to acquire the necessary eligibility for the post of teacher in elementary schools in Bihar . In the facts of the case noted above, we have no option but to allow this appeal. It is accordingly, allowed. The judgment and order of the Writ Court is hereby set 5 aside . Writ petition shall stands dismissed. There shall be no order for costs. Nitesh (Shiva Kirti Singh, J.) (V. Nath, J.)