IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.15772 OF 2007. ARUN KUMAR RAY, S/O LATE RUPAN ROY, R/O VILLAGE SINGHPUR, P.S SAJAUR, SHAHKUND, DIST-BHAGALPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 2.THE DIRECTOR(SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA. 3.THE DIRECTOR PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 4.THE D.E.O. BANKA, DISTRICT BANKA. 5.THE D.E.O BHAGALPUR, DISTT-BHAGALPUR. 6.THE D.S.E. BHAGALPUR, DISTT-BHAGALPUR. 7.THE D.S.E. BHAGALPUR, DISTT-BHAGALPUR. 8.THE REGISTRAR, SAMBALPUR UNIVERSITY, SAMBALPUR, ORISSA. ………………………RESPONDENTS. ------------ For the Petitioner : Mr. Rajeev Kr. Singh, Advocate Mr. Mrityunjay Kumar, Advocate Mr. Shashi Bhushan Kr. Advocate For the Respondents : S.C.-20 ------------ PRESENT HON'BLE MR. JUSTICE MIHIR KUMAR JHA ORDER (02.12.2011) Mihir Kumar Jha, J. Heard counsel for the parties. The petitioner in this writ application has sought a direction for considering his case for appointment on the post of Assistant Teacher. Normally, such a relief being vague to the extent of absurdity, the writ application was fit to 2 be dismissed on this ground alone, inasmuch as, no direction can be issued for appointment of the petitioner on the post of Assistant Teacher without specifying the nature of such appointment for a particular institution whether Primary School, Middle School or High School. As a matter of fact, such vague prayer has been made deliberately to seek declaration of the validity of the teachers training certificate obtained by the petitioner from the Institute of Labour Studies, Kamda, Jamshedpur so that the petitioner can apply to whichever institute he likes on the basis of treating himself to be a trained teacher. Learned counsel for the petitioner, however, has confined his such relief in respect of Bihar Panchayat Shikshak Niyojan and Sewa Sart Niyamawali- 2006, inasmuch as, he has referred to its Rule-8 for establishing that the petitioner’s degree obtained in teacher’s training course from the Institute of Labour Studies, Kamda, Jamshedpur would fulfill the requirement of Rule-8(2) of 2006 Rules. He has relied on a notification of Sambalpur University dated 22.06.1992 of the Sambalpur University. On the basis of this letter dated 22.06.1992 of the Sambalpur University, counsel for the petitioner has proceeded that since the petitioner had already 3 passed the teachers’s training examination from the Institute of Labour Studies, Kamda, Jamshedpur in the examination which was held in the month of January 1992, the petitioner’s degree of B.Ed should be recognized in the State of Bihar for considering his appointment on the post of Assistant Teacher in the Primary Schools under 2006 Rules. Learned counsel for the State on the other hand by filing counter affidavit and supplementary counter affidavit has taken a stand that first of all, the said Institute of Labour Studies, Kamda, Jamshedpur is not recognized by the State of Bihar and its B.Ed degree can also not be treated of Sambalpur University. In this regard he has relied on the admit card and certificate of the petitioner both of which were issued by the Institute of Labour Studies, Kamda, Jamshedpur and not Sambalpur University. He has also referred to the communication of Sambalpur University dated 06.08.1993 contained in Annexure-D/1, wherein, the earlier order of recognition of the B.Ed degree of the Institute of Labour Studies, Kamda, Jamshedpur has been rescinded. He would, accordingly, submit that in view of 2006 Rules envisaging the appointment only from a recognized institution and the petitioner definitely not having completed his 4 teacher’s training course from such institution could not be treated to be a trained teacher. Learned counsel for the petitioner in reply has submitted, true it is that the Sambalpur University has refused to extend the earlier equivalence of recognition of the degree imparted by the Institute of Labour Studies, Kamda, Jamshedpur by an order dated 06.08.1993 but as this was done after the petitioner had appeared in the examination and also passed the examination from the Institute of Labour Studies, Kamda, Jamshedpur, that cannot be made the basis for derecognizing the B.Ed degree obtained by the petitioner. In this context, he has placed his reliance on the provision of Rule-8(2) of the 2006 Rules. In the considered opinion of this Court the first and foremost question would be whether the degree obtained by the petitioner and its examination passed was sufficient for fulfillment of the eligibility condition for appointment on the post of teachers under 2006 Rules. Rule 8 of 2006 Rules in this regard reads as follows:- 8- fu;qfDr gsrq %& ¼d½ vgZrk % iz[k.M f”k{kd ds fy;s %& 1- Hkkjr dk ukxfjd gks rFkk fcgkj jkT; ds fuoklh gksa; *[2- ljdkj }kjk ekU;rk izkIr fo|ky;@egkfo|ky;@cksMZ ls mPprj ek/;fed@bUVjehfM;V vFkok led{k ijh{kk mŸkh.kZ gks fdUrq blds vUrxZr rduhdh f”k{kk dh fMxzh ¼ikSfyVsdfud] ;wukuh f”k{kk vkfn½ “kkjhfjd f”k{kk] izkP;Hkk’kk@Hkk’kk fo”ks’k ls lEcfU/kr fMxzh ¼ekSyoh] mi “kkL=h½ rFkk LoSfPNd 5 laLFkkuksa }kjk iznŸk le:i fMxzh ¼foHkkx }kjk fu.khZr½ lkekU; f”k{kd in ij fu;kstu gsrq lfEefyr ugha gSA 3- jk’Vªh; v/;kid f”k{kk ifj’kn~ (N.C.T.E.) }kjk ekU;rk izkIr izf”k{k.k laLFkku ls nks o’khZ; f”k{kd izf”k{k.k fMIyksek ;k lfVZfQdsV vFkok izkjfEHkd f”k{kk esa Lukrd ¼ch0,y0Mh0½ vFkok ¼ch0,M0½ ds lkFk Lukrd vFkok led{k ;ksX;rkA “kkjhfjd f”k{kk f”k{kd ds fy, U;wure nks o’kksZa dk lfVZfQdsV ¼lh0ih0,M0½ vFkok led{k ;ksX;rk izkIr gksA ijUrq bl fu;ekoyh ds v/khu izFke *[,oa f}rh; fu;kstu esa oSls mEehn~okjksa dk Hkh fu;kstu fd;k tk ldsxk] tks ljdkj }kjk ekU;rk izkIr fo|ky; ls eSfVªd vFkok led{k ijh{kk mŸkh.kZ gks rFkk jk’Vªh; v/;kid f”k{kk ifj’kn~ (N.C.T.E.) vf/kfu;e ykxw gksus ds iwoZ ekU;rk izkIr izf”k{k.k fo|ky;@egkfo|ky; ls nks o’kksZa dk f”k{kd izf”k{k.k ijh{kk@ch0,M0@2 o’kksZa dk “kkjhfjd izf”k{k.k dk lfVZfQdsV ¼lh0ih0,M0½ ikl gksA iapk;r f”k{kd ds fy;s %& 1- Hkkjr dk ukxfjd gks rFkk fcgkj jkT; ds fuoklh gksA 2- ljdkj }kjk ekU;rk izkIr f”k{k.k laLFkku ls mPprj 3- ek/;fed@bUVjehfM,V vFkok led{k ijh{kk mŸkh.kZ gksA 4- jk’Vªh; v/;kid f”k{kk ifj’kn~ (N.C.T.E.) }kjk ekU;rk izkIr izf”k{k.k laLFkku ls nks o’khZ; f”k{kd izf”k{k.k fMIyksek ;k lfVZfQdsV vFkok izkjfEHkd f”k{kk esa Lukrd ¼ch0,y0,M0½A ijUrq bl fu;ekoyh ds v/khu izFke fu;kstu esa oSls mEehn~okjksa dk Hkh fu;kstu fd;k tk ldsxk] tks ljdkj }kjk ekU;rk izkIr fo|ky; ls eSfVªd vFkok led{k ijh{kk mŸkh.kZ gks rFkk jk’Vªh; v/;kid f”k{kk ifj’kn~ (N.C.T.E.) vf/kfu;e ykxw gksus ds iwoZ ekU;rk izkIr izf”k{k.k fo|ky;@egkfo|ky; ls nks o’kksZa dk f”k{kd izf”k{k.k ijh{kk ikl gksA (underlining for emphasis) From the reading of the Rule it would become clear that the candidate must have passéd the prescribed examination of intermediate and teacher’s training course from a recognized institution. The word recognized institution would mean recognized by law. The Sambalpur University, if it had imparted the course and the College of the petitioner namely the Institute of Labour Studies, Kamda, Jamshedpur was an affiliated College of Sambalpur University and examination of such B.Ed course being taught in the Institute of Labour Studies, Kamda, Jamshedpur was conducted by the Sambalpur University, such degree could have been definitely said to have been 6 obtained from a recognized institution. Here in this case, it is rather strange that the Institute of Labour Studies, Kamda, Jamshedpur functioning in the old state of Bihar is said to have obtained equivalence of qualification from the state of Orissa and therefore, such equivalence of qualification issued by the University in its notification dated 22.06.1992 has to be read and understood in this context. The said notification dated 22.06.1992 infact reads as follows:- SAMBALPUR UNIVERSITY JYOTI VIHAR, BURLA 14577/acd.I Dated 22/6/92 NOTIFICATION It is notified to all concerned that the Academic Council at its meeting held on 21.491 has recognized the following examinations of the different Universities/Institutions/Boards on the recommendations of the Equivalence Committee as equivalent to the examinations of Sambalpur University on basis as mentioned against each. Sl. Name of the University/ Exams, Equivalent to No. Institution/Boards recognized the examination of S.U. 1. Board of Intermediate 12 yr.Intermediate Intermediate and Secondary Education Exams. in Science/ Karanchi,Islamabad and Pesawar 2+Science 2. Ministry of Education Secondary -do- Yemen Arab Republic school certificate 3. Moscow Auto Mechanical Master Engineering M.Sc.Engg./ M.E. 4. Institute of Labour B.Ed. B.Ed. Studies, Jamshedpur 5. Poorvanchal Viswavidya- B.A./B.Sc./B.Com. B.A./B.Sc./ laya, Janupur M.A./M.Sc./M.Com. B.Com, M.A./ LL.B. and B.Ed. M.Sc./M.Com. LL.B.& B.Ed. 6. Gauhati University B.A.M.S. B.A.M.S. Sd/- Asst.Registrar (Acd) Dated 22/6/92 Memo No. 14378/Acd.I 7 From a bare reading of the said notification, it becomes clear that for the internal use of Sambalpur University courses of teachers imparted and degree granted by the different institutes including Board of Intermediate and Secondary Education, Karachi, Islamabad and Pesawar, Ministry of Education, Yemen Arab Republic, Moscow Auto Mechanical, Poorvanchal Viswavidyalaya, Jaunpur and Gauhati University were treated to be the degree of the Sambalpur University. That however does not make the course imparted by the such institution to be recognized. Judged in this background the institution of Sambalpur University. For example a degree of B.A.M.S. from Gauhati University if it has been recognized equivalent to B.A.M.S. for Sambalpur University would not mean that Gauhati University was being recognized by Sambalpur University, Gauhati University if it is approved by University Grants Commission and has been conducting the course of Bachelor in Ayurvedic Medicine Science (B.A.M.S.) with the prior sanction of Central Council of Indian Medicine (C.C.I.M.) the regulatory body for teaching in Ayurvedic Medicine, its degree may be recognized anywhere in India including Sambalpur University. The question therefore would be to which body and/or 8 the Institute of Labour Studies, Kamda, Jamshedpur was recognized? The answer will be by none even including the Sambalpur University, inasmuch as, the acceptance of degree of one University or institution for allowing its students to be admitted in different courses in the College of its own University cannot make the degree given by such institute also become recognized by any other person. The teacher’s training course even prior to the N.C.T.E Act 1993 was under the domain of the respective legislation framed by State Government and in the State of Bihar also there was a provision for giving recognition to such teacher’s training colleges. The Institute of Labour Studies, Kamda, Jamshedpur was definitely not recognized by any State including the State of Orissa or even by the Sambalpur University. The examination passed by the petitioner, therefore, from the Institute of Labour Studies, Kamda, Jamshedpur in the year 1991 was from an unrecognized institute and on the basis of that petitioner cannot claim appointment on the post of Panchayat Teacher in the year 2006. Whatever be the doubt as with regard to such decision of the Sambalpur University dated 22.06.1992, the same becomes absolutely clear from its subsequent notification dated 06.08.1993 denying the 9 recognition of B.Ed degr ee granted to the Institute of Labour Studies, Jamshedpur which reads as follows:- SAMBALPUR UNIVERSITY:JYOTI VIHAR:BURLA No. 13244/Acd-I dt.6-8-1993 It is notified for information of all concerned that the Academic Council of this University in its meeting held on 31.5.93 has denied recognition of B.Ed. Degree granted to the Institute of Labour Studies, Jamshedpur vide letter No. 26086/Acd.I dt. 12.12.91 and Notification No. 14377/Acd-I dt.22.6.92. This order is effective from 31.05.1993. Sd/- Deputy Registrar Dt. 6-8-93 Memo NO. 13245/Acd.I (underlining for emphasis) The aforesaid underlined portion therefore would be sufficient to show that the Sambalpur University had only granted its recognition to B.Ed. degree of the Institute of Labour Studies, Jamdshedpur and same after the year 1993 had also withdrawn the status of equivalence qualification granted. Can it therefore, be said that such institute and its degree would be binding on the State of Bihar when even Sambalpur University did not find it worth to continue to treat as its equivalent qualification. Considering all these aspects and the fact that the petitioner has failed to establish that the institute in question is a recognized institute of affiliated/recognized institution and his case of 10 the Institute of Labour Studies, Jamshedpur of being a recognized by the Sambalpur University has also not found favour from this Court, this writ application must fail. It is, accordingly, dismissed. (Mihir Kumar Jha, J.) Patna High Court Dated the 2nd December 2011 N.A.F.R./Ranjan