IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4225 of 2009 1. GOPAL PRASAD RAY, SON OF SRI RAJGRIHI RAI, RESIDENT OF MOHALLA SHYAMCHAK, POLICE STATION BHAGWAN BAZAR, DISTRICT – CHAPRA (SARAN). 2. KISHOR KUMAR SINGH, SON OF LATE KEDAR NATH SINGH, RESIDENT OF VILLAGE AND POST FAKULI, POLICE STATION CHAPRA MUFFASIL, DISTRICT – CHAPRA (SARAN). 3. CHANDESHWAR ROY, SON OF SRI RAM NAGINA ROY, RESIDENT OF VILLAGE BISHUNPUR, POST UNAHCHAK, POLICE STATION DIGHWARA, DISTRICT – CHAPRA (SARAN). ……….. PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA. 2. THE SECRETARY, ARTS CULTURE AND YOUTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, ARTS CULTURE AND YOUTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR –CUM- DEPUTY SECRETARY, ARTS CULTURE AND YOUTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH ITS SECRETARY AT SINHA LIBRARY ROAD, POLICE STATION KOTWALI, DISTRICT – PATNA. 6. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA, SINHA LIBRARY ROAD, POLICE STATION KOTWALI, DISTRICT – PATNA. 7. THE DISTRICT SUPERINTENDENT OF EDUCATION –CUM- DISTRICT PROGRAMME CO-ORDINATOR, SARVA SIKSHA ABHIYAN, SARAN (CHAPRA). 8. THE DISTRICT MAGISTRATE, SARAN. 9. THE EXECUTIVE OFFICER, NAGAR PANCHAYAT, REVELGANJ, CHAPRA. 10. THE BLOCK DEVELOPMENT OFFICER –CUM- EXECUTIVE OFFICER, EKMA, SARAN (CHAPRA). 11. THE EXECUTIVE OFFICER, NAGAR PANCHAYAT, SONEPUR, SARAN. ………….. RESPONDENTS.. ----------- For the Petitioners : - Mr. Gyan Prakash, Advocate Mr. Sharwan Kumar, Advocate For B.S.E.B. : - Mr. Gyan Shankar, Advocate For the State : - Mr. Manoj Kumar Ambastha, GP 14 Mr. Subodh Kumar, AC to GP 14. ---------------- 03/ 09.08.2011 Heard counsel for the petitioners, the State as well as counsel representing Bihar School Examination Board. All three petitioners were working as Physical 2 teachers in their respective Schools being selected for the post by the competent Selection Committee. Petitioner No. 1 has joined as Physical teacher in Middle School, Revelganj, Chapra, petitioner No. 2 in newly Established Middle School, Bhodsa, Ekma, Chapra and petitioner No. 3 in newly Established Middle School, Anandpur, Sonepur, Chapra. Petitioners after passing of Matriculation examination have completed their physical training course from Prabhu Nath Singh (Mantri Jee) Physical Education Yoga Sansthan, Dahiyawan, Saran. The College from which the petitioners had completed their physical training course had been established in the year, 1982. The State Govt. granted permission under the provisions of Bihar Non-Government Physical College and Non-Government Teachers Training College and Non-Government Primary Teachers Education College (Control and Regulation) Act, 1982 to Prabhu Nath Singh (Mantri Jee) Physical Training College and Yoga Sansthan and the institution started taking admission of students, from the Session 1982 on wards. So far petitioners are concerned, they had taken admission in the Session 1986-88 and passed in the year 1989. 3 Subsequently BIGYAPATI No. 12/2008 was issued by the Secretary, Bihar School Examination Board, Patna, cancelling the certificates of such students, who have completed their physical training course from Prabhu Nath Singh (Mantri Jee) College. On account of cancellation of petitioners’ training certificates, termination orders were issued against the petitioners, by Respondents, Executive Officer, Nagar Panchayat Revelganj, Saran (Respondent No. 9), Block Development Officer –cum- Executive Officer, Ekma, Saran (Respondent No. 10) and Executive Officer, Nagar Panchayat, Sonepur, Saran (Respondent No. 11). Petitioners have filed present writ application for quashing of their orders of termination issued by Respondents 9, 10 and 11, pursuant to BIGYAPATI No. 12/2008, issued by the Secretary, Bihar School Examination Board. Counsel for the petitioners submits, earlier petitioners had filed C.W.J.C. No. 10763 of 2008 challenging BIGYAPATI No. 12/2008, whereby their certificates of training had been cancelled by Bihar School Examination Board. This writ application was 4 heard analogous with several other writ applications by the Division Bench. Writ applications, heard analogous were allowed by order dated 12.4.2010. Students, who have appeared in the examination held in the year 1989 and whose results had been published in the light of order dated 21.5.1999 passed in C.W.J.C. No. 1994, from the ‘Institutions’ in question, their training certificates were held to be genuine certificates of Physical Training, from a recognized institution. This order was passed, with respect to all such students, whose names did find place in the report, submitted in pursuance to an enquiry held as per the direction of Hon’ble High Court, such students were held to be genuine, students who appeared in the examination. Since, petitioners’ training certificate were held genuine by the order passed in the writ applications the Respondents 9, 10 and 11, in pursuance to that issued Memo No. 177 dated 15.9..2009, Memo No. 1105 dated 8.10.2009 and Memo No. 261 dated 28.10.2009 in favour of all three petitioners respectively, whereby petitioners have been reinstated on the posts, they were working prior to issuance of termination orders. 5 Counsel for the petitioners submits that the grievance of the petitioners has been redressed during the pendecny of the writ application itself, but termination orders are still intact, as such the order contained in Memo No. 167 dated 30.8.2008 issued by Respondent No. 9, order contained in Memo No. 1168 dated 12.9.2008 issued by Respondent No. 10 and order contained in Memo No. 194 dated 12.9.2008 issued by Respondent No. 11, terminating the petitioners from their service is required to be quashed. Counter affidavit has been filed on behalf of Bihar School Examination Board stating that Civil Review No. 296 of 2010 has been filed by Bihar School Examination Board against the order passed in C.W.J.C. No. 10127 of 2008 and analogous cases, which is pending before this Hon’ble High Court. Considering the fact that Division Bench has quashed BIGYAPATI No. 12/2008 and in compliance of the order passed by the Division Bench petitioners have already been reinstated by the Respondents 9, 10 and 11, I find no reason for not quashing the impugned termination orders. The termination orders contained in 6 Annexure- 7, 8 and 9 are quashed, subject to any order passed in the Civil Review preferred by Bihar School Examination Board. Petitioners will file representation before the concerned Respondents 9, 10 and 11 claiming their arrears of salary for the period they remained out of service, on account of termination order. Representations filed by the petitioners shall be considered and decided in terms of provisions under Bihar Service Code, within six weeks from the date of filing of such representations. Petitioners shall be paid all consequential benefits, immediately thereafter. This application is allowed. DKS/ (Mridula Mishra, J.)