IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9297 of 2007 1. Rupesh Kumar Jha, S/o Chandra Kishore Jha, R/o Village Jitwarpur, Kumhira, P.S. Sarai Ranjan, Dist. Samastipur. 2. Umesh Sahni, S/o Ram Prakash Sahni, R/o Village Chaundali, P.O. Chaundali, P.S. Ujiarpur, Dist. Samastipur. 3. Bipin Kumar Singh, S/o Mahavir Mandal, R/o Village Pusa, P.S. Hauthri, Dist. Samastipur. 4. Randhir Kumar, S/o Shyam Prasad Choudahry, R/o Chakdaul, Post Akaha Vishanpur, P.S. Ujyarpur, Dist. Samastipur. 5. Gautam Kumar, S/o Sri Krishana Murari Choudhary, R/o Mathurapur, P.O. Asimchak, P.S. Dalsingsarai, Dist. Samastipur. -------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Human Resources Development Department, Patna (Bihar). 3. The Director, Primary Education, Patna, Bihar. 4. The District Education Officer, Samastipur. 5. The District Education Superintendent, Samastipur. 6. The Sub Divisional Education Officer, Samastipur. 7. The Block Education Officer, Samastipur. -------- Respondents ----------- 3 28.09.2011 No one appears on behalf of the petitioners. Counsel for the State would submit that the issue relating to validity of the qualification of teachers training from Gandhi Hindi Vidyapith, Prayag, Uttar Pradesh has been gone into by the Division Bench of this Court in the case of State of Bihar Vs. Mamta Kumari & Ors. reported in 2010(4)PLJR 318 wherein it has been held that the qualification earned from those institutions, if not recognized by the State of Bihar, no appointment could have been made on any post advertised by the State of Bihar. 2 In the considered opinion of this Court, it will be always prerogative of the appointing authority to lay down qualification and also recognize the equivalence of qualification. An institution indulging itself in Teachers Training Course, if not recognized by the National Council for Teachers Association and also having no approval of the State of Bihar, cannot claim appointment as a matter of right and, therefore, this Court would find no error in the order terminating the services of the petitioners obtained on the basis of a qualification not recognized by the State of Bihar. That being so, this application is wholly misconceived and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)