IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10153 of 2009 Abhay Kumar Prasad Versus The State Of Bihar & Ors ----------- 04. 25.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner claims to have passed his +2 examination from Ganga Dusadh Inter College, Meura, Kaimur, which has got affiliation from Board of Higher Secondary Education, Delhi. Ganga Dusadh Inter College is neither School nor a College, but an Examination Centre, through which private students or the students, who are pursuing their education by way of correspondence course, are allowed to be appear in the examination. Ganga Dusadh Inter College, Meura, Kaimur is enlisted as an institution, which is not recognized by the State of Bihar and on the basis of degree obtained from this institution, no one can claim eligibility for being appointed as Panchayat Prakhand Teacher. Petitioner’s prayer is for a direction to the Respondents to quash the letter dated 27.12.2008, issued by the District Superintendent-cum-Sub-divisional Education Officer, Kaimur, whereby the Principal of the 2 concerned College has been informed that this institution is not recognized by the State Government. Further prayer of the petitioner is for a direction to the Respondents to de-list the name of this institution from the list of invalid institutions. Petitioner has been debarred from appearing in the appointment of second phase of appointment of Primary and Middle School Teachers, as he has obtained his +2 degree from an institution, which is included in the list of invalid institutions. However, petitioner is claiming that persons having obtained degree from this very institution have been appointed as Teachers at different places and appointment letters of those candidates have been annexed as Annexures–14, 15 and 16 along with the Supplementary Affidavit. Prayer of the petitioner regarding direction to the Respondents for delisting the institution in question from the list of invalid institution can not be issued as “Education” being in the State List, the State Government has got jurisdiction either to recognize or derecognize any institution for the purpose of recognizing degree. However, regarding other averments made in the Writ Application that persons having similar degree have been appointed as Teacher, 3 the petitioner can file his representation before the Director, Human Resources Department, Government of Bihar, Patna, who will examine the genuineness of such statement made by the petitioner. In case it is found that persons having similar degree has been appointed, in that case, the Respondent No. 2 will pass an order in accordance with law, either petitioner will be allowed to participate in the counseling for appointment or persons who have been appointed on the basis of such degree can be removed from their service. The representation filed by the petitioner will be considered and decided by Respondent No. 2 within six weeks from the date of its production / communication. Accordingly, this application is disposed of. SKM (Mridula Mishra, J.)