IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.427 of 2011 Md. Azim Umar, son of Late Md. Umar, Mohalla Barabatra, PS Arrah Town, District Bhojpur – Petitioner. Vs. 1) The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna. 2) The District Superintendent of Education, Bhojpur. 3) The Block Dev. Officer, Koilwar, Bhojpur. 4) The Block Education Officer, Koilwar, Bhojpur. 5) The Headmaster, Middle School, Gidha, Koilwar, Bhojpur – Respondents. 3 25.10.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order, dated 17.8.2009 passed by the District Superintendent of Education, Bhojpur by which the Headmaster, respondent no. 5 was asked not to take work from the petitioner till the final decision of the selection committee with respect to the appointment of the petitioner. By Annexure 8, dated 9.10.2010 the petitioner’s service was terminated on the ground that Al-Hafeez College, Arrah was not recognized by the State Government. The back ground of the case is that Al-Hafeez College, Arrah had approached this court by filing CWJC No. 7738/1989. An interim order was passed on 9.3.1990 by this court staying the order of the Registrar, Magadh University by which he did not permit the students of the said college to deposit the fee and forms. The order was stayed and this court directed that the students of the said college would be permitted to appear in the B.Ed. examination held by Magadh University but their result would abide by the final result of the writ petition. The petitioner 2 succeeded in the B.Ed. examination and his marks sheet is of the year 1990. An enquiry was made regarding the genuineness of the candidature of the petitioner. The Magadh University has certified that the petitioner had appeared in the examination and succeeded in it. Learned counsel for the petitioner submits that Al- Hafeez college was recognized and there was no adverse order of the State Government holding that the college could not conduct B. Ed. Examination. It is further submitted that even as per the counter affidavit filed on behalf of the State, the State Government rejected the application for recognition of the college vide its letter no. 662, dated 25.9.1993, and as such the order of termination on the ground that the petitioner’s college was not recognized by the State Government in the year 1990 is not tenable. Counsel for the State submits that the petitioner has not disclosed the batch in which he was enrolled in the said college. This fact is not very relevant as it is accepted by the Magadh University and the college that the petitioner was enrolled and appeared in the aforesaid examination. It was also argued on behalf of the State Government that there is no material to show that the college was conducting B. Ed. Course. The writ petition filed in 1989 would indicate that in fact the college was conducting B. Ed. course and the Magadh University was holding examination for B. Ed. Students of Al- Hafeez college. In a similar matter relating to the case of one Md. 3 Jamal in CWJC No. 11345/2010, this court has quashed the termination of service of the petitioner. Accordingly I quash the order contained in Annexure 8 and direct that since there is no doubt with respect to the authenticity of the degree issued by the Magadh University as it has been certified in favour of the petitioner, the petitioner will be permitted to join forth-with. The State respondents i.e. respondents 2 to 5 are directed to allow the petitioner to join forth-with. This writ petition is allowed for the reasons aforesaid. haque ( Sheema Ali Khan, J .)