IN THE HIGH COURT OF JUDICATURE AT PATNA C.W. J.C. No. 16272 of 2008 Prasun Kumar Singh, son of late Nagendra Singh, Resident of village & P.O. Mahisapur, P.S. Jandaha, District Vaishali .. Petitioner Versus 1. The State of Bihar through the District Magistrate, Vaishali 2. The Hon‟ble Minister, Human Resources Development Department, Government of Bihar, Patna 3. The Deputy Secretary, Human Resources Development Department, Vikash Bhawan, Patna 4. The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna 5. The Director, Secondary Education, Human Resources Development Department, Government of Bihar, Patna 6. The Director (Research & Training), Human Resources Development Department, Government of Bihar, Patna 7. The District Magistrate, Vaishali at Hajipur 8. The District Superintendent of Education, Vaishali at Hajipur 9. The Block Education Extension Officer, Jandaha, district Vaishali 10. The Panchayat Samiti, Jandaha Block, district Vaishali through it‟s Chairman 11. Bhartiya Shiksha Parishad through it‟s Chairman, “Bharat Bhawan”, Maityari Chinhat, Faizabad Road, Lucknow .. Respondents With C.W.J.C. No.16933 of 2008 Shashi Kant Saroj, son of late Ramdeo Ram, Resident of village Barkagoan Rakasia, P.S. Bikramganj, district Rohtas .. Petitioner Versus 1. The State of Bihar 2. The Minister, Human Resource Department, Government of Bihar, Patna 3. The Commissioner-cum-Secretary, Human Resource Department, Government of Bihar, Patna 4. The Principal Secretary, Human Resources Department, Government of 2 Bihar, Patna 5. The Deputy Secretary, Human Resources Department, Government of Bihar, Patna 6. The Director of Primary and Secondary Education, Government of Bihar, Patna 7. The Director, Research and Training, Human Resources Department, Government of Bihar, Patna 8. The Executive Officer, Nagar Parishad, Dumraon, district Buxar 9. The District Superintendent of Education-cum-Sub Divisional Education Officer, Buxar 10. The National Council for Teachers' Education through it‟s Member Secretary, 16 I.P. Estate, M.J.C. M.G. Marg, New Delhi 11. The Director, Bhartiya Shiksha Parishad Bharat Bhawan, Matiari, Chinhat, Faizabad Road, Lucknow, Uttar Pradesh .. Respondents With C.W.JC. No.477 of 2009 1. Ajay Nath Sharan, son of Kedarnath Sharan, resident of Village Harishankarpur Baghauni, Police Station Tajpur, District Samastipur 2. Md. Sarfraz Sadri, son of Md. Gufran Sadri, resident of Village Sahpur Baghauni, Police Station Baini, district Samastipur 3. Md. Yasir Sadri, sonof Md. Obais Sadari, resident of Village Sahpur Baghauni, Police Station Baini, district Samastipur 4. Md. Sadique Sadri, son of late Md. Rijwan Sadari, Resident of village Sahpur Baghauni, Police Station Baini, District Samastipur 5. Md. Hazique Sadri, sonof late Md. Rijwan Sadari, Resident of village Sahpur Baghauni, Police Station Baini, District Samastipur 6. Md. Tausique Alam, son of Md. Abas, resident of village Paigumpur, Digharua, Police Station Tajpur, district Samastipur 7. Najia, wife of Rahmatulla, Resident of village Sahpur Baghauni, Police Station Baini, District Samastipur 8. 8. Md. Shakeel Slahuddin, son of Md. Slauddin, resident of Village Sahpur Baghauni, Police Station Baini, district Samastipur 9. Mahzabin Parveen, daughter of Md. Rijwan, resident of Village Sahpur Baghauni, Police Station Baini, district Samastipur 3 10. Nikhat Prabeen, wife of Md. Afrusidik, resident of Village Sahpur Baghauni, Police Station Baini, district Samastipur 11. Rizwana Khatoon, daughter of late Md. Alam, resident of Village Sahpur Baghauni, Police Station Baini, district Samastipur 12. Md. Mokhtar, son of Md. Nasim, resident of village & Post Office Rajwa, Police Station Bangra, district Samastipur 13. Md. Rizwan, son of late Mazrul Hussain, resident of village Chausima, Post Office Rupoli, Police Station Mqusri Gharari, District Samastipur 14. Reyaz Ahmad, son of Md. Mumtazual Huque, resident of Village Kadihara, Police Station Ujiarpur, district Samastipur 15. Tauquir Alam, son of Md. Abas, resident of village Paigampur, Police Station Tajpur, district Samastipur 16. Kundan Kumar, son of Ramsakal Chaudhari, resident of village Harpur Pusa, Police Station Pusa, district Samastipur 17. Vibekanand Kumar, sonof Bobhelal Sah, resident of village & Post Office Boso Kubouli, Police Station Bangara, district Samastipur 18. Rakhi Kumari, wife of Nishant Sharan, resident of village Harishankarpur Baghouni, Police Station Tajpur, district Samastipur 19. Md. Nanhe, son of Md. Habib, resident of village Madhupur, Dighrua, Police Station Tajpur, district Samastipur 20. Md. Farid, son of Md. Noor Alam, resident of village Madhupur, Dighrua, Police Station Tajpur, district Samastipur 21. Md. Anwar, son of Md. Mofiz, resident of village Darhiya, Police Station Belar, district Samastipur 22. Rafi Ahmad, son of Anwarul Haque, resident of village Bishambharpur, Police Station Musri Gharari, district Samastipur 23. Md. Ashif Anwar, sonof Md. Soyeb, resident of village Rangauli, Police Station Patepur, district Vaishali 24. Md. Ansar Ahmad, son of Md. Usuf, resident of village Rajwa, Police Station Bangra, district Samastipur 25. Md. Zafer Alam, son of Md. Umar, resident of village Rajwa, Police Station Bangra, district Samastipur 26. Majjay Thakur, son of Ramjanam Thakur, resident of village Barbata, Police Station Musari Gharari, district Samastipur 27. Md. Sanullah, son of Md. Osaid, resident of village Sahpur Baghauri, Police Station Bainia, district Samastipur 28. Md. Anwar, son of Md. Usuf, resident of village Rajwa, Police Station District Samastipur 29. Md. Iftakhar Ahmad, son of Md. Usuf, resident of village Rajwa, Police Station Bangra, district Samastipur 4 30. Yasminprabeen, wife of Md. Mashiul Rahman, resident of village Ram Krishynapur, Police Station & district Samastipur 31. Md. Shahid, son of late Abdul Hamid, resident of village Morwa Bazar, Police Station Tajpur, district Samastipur 32. Sangita Kumari, wife of Ajay Kumar, resident of village Morwa Bazar, Police Station Tajpur, district Samastipur .. Petitioners Versus 1. The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna 2. The Principal Secretary, Human Resources Department, Government of Bihar, Patna 3. The Director of Secondary Education, Human Resources Development Department, Government of Bihar, Patna 4. The Director of Primary Education, Human Resources Development Department, Government of Bihar, Patna 5. The District Magistrate, Samastipur 6. The District Magistrate, Muzaffarpur 7. The District Education Officer, Samastipur 8. The District Education Officer, Muzaffarpur 9. The District Superintendent of Education, Samastipur. 10. The District Superintendent of Education, Muzaffarpur .. Respondents With C.W.J.C. No.16224 of 2008 1. Indra Bhushan Kumar, son of Shatrughan Mandal, resident of village & P.O. Basaha, P.S. Pipra, district Supaul 2. Mukesh Kumar, son of Sri Nawal Kishore Yadava, resident of village Tiri, P.O. Dhauchhoha, P.S. Sour Bazar, district Saharsa 3. Tushar Kant, son of Sri Ashok Kumar, resident of village Litiyahi, P.O. Basaha, P.S. Pipra, district Supaul 4. Bindu Kumari, wife of Sri Balbir Kumar, resident of village Mastifatehpur, P.O. Bhairwar, P.S. Muffasil, district Begusarai 5. Raj Kumar, son of Sri Harikrishna Prasad, resident of village + P.O. Gaus Nagar, P.S. Runni Saidpur, district Sitamarhi 6. Diwakar Prasad, son of Sri Satya Narayan Yadav, resident of village Beloukhara, P.O. Thuma, P.S. Pipra, district Supaul 7. Amardeep Kumar, son of Sri Laxman Kumar Yadav, resident of village Chakla, P.O. Dhanchhoha, P.S. Sour Bazar, district Saharsa 8. Rajeev Ranjan, son of lte Parmanand Yadav, resident of village 5 Jeetpur, P.O. Parsa, P.S. Shankarpur, district Madhepura 9. Umeshwar Kumar, son of Sri Gopaljee Mandal, resident of village & P.O. Ram Nagar, P.S. Pirpa, district Supaul 10. Chandan Kishore, son of Sri Ramchand Prasad Yadav, resident of Mohalla Azad Nagar, Ward No. 12, district Madhepura 11. Manoj Kumar, son of late Asutosh Prasad Singh, resident of village Iniyar, P.O. Danuli Phulwaria, P.S. Muffasil, district Begusarai 12. Asha Kumari, daughter of Sri Ram Prasad Yadav, wife of Sri Arun Kumar Yadav, resident of village Litiyahi, P.O. Basaka, P.S. Pipra, district Supaul 13. Binod Kumar Jha, S/O Shri Akhilesh Jha, resident of village Banki, P.O. Bahadura, P.S. Rupoli, district Purnea 14. Abhitosh Kumar son of Sri Anil Kumar Yadav, resident of village Litiyahi P.O. Basaha, P.S. Pipra, district Supaul 15.Rajesh Kumar Ranjan, son of Sri Devsundar Prasad, resident of village Masti Fatehpur, P.O. Bhairwar, P.S. Muffasil, district Begusarai 15. Mukesh Kumar, son of Sri Devsundar Prasad, resident of village Masti Fatehpur, P.O. Bhairwar, P.S. Muffasil, district Begusarai 16. Anoj Kumar, son of late Asutosh Prasad Singh, resident of village Iniyar, P.O. Dauli, Phulwarisharif, P.S. Muffasil, district Begusarai .. Petitioners Versus 1. The State of Bihar 2. Police Station, Human Resources Development Department, Bihar, Patna 3. Deputy Secretary, Human Resources Development Department, Bihar, Patna 4. The Secretary-cum-Commissioner, Human Resources Development Department, Government of Bihar, New Secretariat, Patna 5. The Secretary, Education Department, Bihar, Patna 6. Bhartiya Shiksha Parisad, Uttar Pradesh, Lucknow .. Respondents With C.W.J.C. No.2686 of 2007 Ashok Kumar Singh, S/O Sri Upendra Singh, R/O Village + P.O. Jokiya, Police Station Bhaganpur, District Begusarai .. Petitioner Versus 1. The State of Bihar 6 2. The Secretary-cum-Commissioner, Human Resources Development Department, Government of Bihar, New Secretariat, Patna 3. The Director (Research & Training), Human Resources Development Department, Government of Bihar, Patna 4. The District Superintendent of Education, Begusarai 5. The District Education Officer, Begusarai 6. The Block Extension Officer, Birpur, district Begusarai 7. Gram Panchayat, Rajnaula, district Begusarai through it‟s Mukhiya 8. Mukhiya, Gram Panchayat, Rajnaula, district Begusarai 9. Panchayat Sachiv, Gram Panchayat, Rajnaula, district Begusarai .. Respondents With C.W.J.C. No.2446 of 2008 1. Santosh Kumar Tiwari, son of Dr. Keshav Tiwari, resident of village Sonvarsa, P.S. Nawanagar, district Buxar 2. Hari Narayan Tiwari, son of Ram Bachan Tiwari, resident of Village Amchata, P.S. Agiawan Bazar, district Buxar 3. Arati Devi, wife of Amrendra Kumar Tiwari, resident of village Sonvarsa, P.S. Nawanagar, district Buxar 4. Vijay Kumar Upadhaya, son of Ramkrishna Upadhaya, resident of village Latara Kahgahar, district Rohtas 5. Neelam Kumari, D/O Janardan Singh, resident of Mission Road Pakari, P.S. Nawada, district Ara 6. Atul Kumar, son of Sri Krishna Chaudhary, resident of Karsar, P.S. Nawanagar, district Buxar 7. Ram Krishana Upadhaya, son of Sri Ramagya Upadhaya, resident of Latara, P.S. Karagahar, district Rohtas 8. Manoj Kumar Tiwari, son of late Bharat Tiwari, resident of Nawadih, P.S. Dawath, district Rohtas 9. Abhaya Kumar Tiwari, son of Rajwansh Tiwari, resident of Navadih, P.S. Dawath, district Rohtas 10. Fahimuddin, son of Md. Karimullah, resident of Raghunathpur, P.S. Brahmpur, district Buxar 11. Krishna Nandan Kumar, son of Sri Kamal Singh, resident of Baradhi, P.S. Bagen, P.O. Bhadwar, district Buxar 12. Umesh Kumar, son of Ramlal Singh, resident of Raghunathpur, P.O. Raghunathpur, P.S. Brahmpur, district Buxar 13. Rajnish Kumar Chaudhary, son of Sabhachand Chaudhary, resident of Babhanaul, P.S. Dawath, district Rohtas 14. Bijendra Kumar Chaudhary, son of Baliram Chaudhary, resident of Bhadwar, P.S. Gola, district Buxar .. Petitioners 7 Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The Prinsipal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Research and Training, Human Resources Development Department, Government of Bihar, Patna 4. The District Education Officer, Buxar 5. The District Education Officer, Bhojpur at Ara 6. The District Superintendent of Education, Buxar 7. The District Superintendent of Education, Bhojpur at Ara 8. The Block Education Extension Officer, Navanagar, Udwantnagar, Ara .. Respondents With C.W.J.C. No.1147 of 2008 1. Shiv Prasad Ram, sonof Shri Baleshwar Ram, resident of village Mathura, P.S. Biddupur, district Vaishali at present posted as Panchayat Shikshak of Prathmik Vidyalaya Kutubpur, P.S. Biddupur, district Vaishali 2. Chandra Bhan Kumar, son of Shri Balmiki Prasad Singh, resident village Kochgaon, P.S. Varshaliganj, district Nawada, at present posted as Panchayat Shikshak, Primary School Lalpura, P.S. Varshaliganj, district Nawada .. Petitioners Versus 1. The State of Bihar 2. The Prinsipal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna 3. The Director, Secondary Education, Bihar, Patna, Vikash Bhawan, Patna 4. The District Superintendent of Education, Vaishali at Hajipur 5. The District Superintendent of Education, Nawada, district Nawada 6. The Block Development Officer, Biddupur, district Vaishali 7. The Block Development Officer, Varshaliganj, district Nawada 8. The Block Education Extension Officer, Biddpur, district Vaishali 9. The Block Education Extension Officer, Varshaliganj, district Vaishali 10. The Panchayat Sachiv, Panchayat Raj Kutubpur, P.S. Biddipur, district Vaishali 8 11. The Panchayat Sachiv, Panchayat Raj, Kochagaon, P.S. Varshaliganj, district Vaishali .. Respondents **** For the petitioners .. M/S Vishwanath Pd. Sinha & R.P. Sign, Sr. Advs. With M/S Yugal Kishore, N.K. Singh, S.K. Singh, Satyavar Verma, S.K. Tiwari, S.P. Ram, A.K. Singh, S.K. Jha, Manju Jha,Advs. For the State .. Mr. Narmadeshwar Jha, A.A.G. VII Ram Bilash Mahto, A.A.G. VIII with Mr. M.K. Singh, A.C. to A.A.G. VIII Mr. Manu Shankar Mishra, G.P. X with Mr. Suresh Mishra, A.C. to G.P. X For the N.C.T.E. .. Mr. S.N. Pathak, S.C., C.G. **** /6/ 28.02.2009 Heard the counsel for the parties. 2. Prayer of the petitioners in all these writ applications is for a direction to the respondents to consider their cases for appointment as Prakhand/Panchayat teachers under Prakhand/Panchayat Teachers (Appointment and Service Conditions) Rules, 2006, as trained teachers recognizing their teachers‟ training degree from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh, (in short, „the 9 Parishad‟). In some of the writ applications prayer is for quashing order vide Memo No. 395, dated 30.10.2008, issued under the signature of Deputy Secretary, Human Resources Development Department, Government of Bihar, Patna, whereby teachers‟ training degree from the Parishad has been considered as forged and the institution not recognized by the State of Bihar for the appointment on the post of teacher. In C.W. J.C. No. 16224 of 2008, prayer of the petitioners is for quashing the notification vide Memo No. 1337, dated 25.08.2008, issued under the signature of the Principal Secretary, Human Resources Development Department, Bihar, Patna, wherein vide paragraph 10(vii) of the said notification degree of teachers‟ training from this very institution has been held as not recognized. The institution has also been included in the list of fake university. Similarly in C.W. J.C. No. 2686 of 2007 prayer is for quashing letter no. 47, dated 12.01.2007, issued by Mukhiya, Gram Panchayat Rajnaula, district Begusarai, cancelling appointment of the petitioner as Panchayat Teacher in Primary School, Nadiparnaul, Begusarai, and also for quashing letter vide notification no. 2342, dated 14.12.2006, 10 issued by the Director (Research & Training) Human Resources Development Department, Government of Bihar, intimating to the concerned persons that different teachers‟ training courses being run by the Parishad are not recognized by National Council for Teachers' Education and no appointment should be made on the basis of such teachers‟ training certificate. In C.W. J.C. No. 2446 of 2008 prayer of the petitioners is for quashing the order passed by the Principal Secretary, Human Resources Development Department, Government of Bihar, vide Memo No. 4306, dated 22.11.2007, declaring that the Parishad is not a recognized institution and persons who have done their teachers‟ training course from this institution are not eligible for appointment on the post of trained teachers under the Bihar Panchayat and Municipal Bodies Primary Teachers Appointment and Service Rules, 2006. Similar prayer is in C.W. J.C. No. 1147 of 2008 3. All petitioners have prayed that a direction be issued to the respondents to consider their cases for selection/appointment on the posts of Panchayat/Prakhand Teachers and appoint them as trained Prakhand/Panchayat 11 Teachers recognizing their teachers‟ training degree from the Parishad in question. 4. Almost all the petitioners have approached this Court for more than one occasion. On earlier occasion C.W. J.C. No. 14813 of 2006 and analogous cases were considered on this very point. The matter was remitted back to the Director, Human Resources Development Department, Government of Bihar, for deciding the question of recognition of the institution and it‟s degree for appointment on the post of teachers under 2006 Rules. Further, direction was that in the meantime the petitioners, who are waiting for participating in selection process, be allowed to participate, subject to the final order passed. The order was passed by the Director, Human Resources Development Department, rejecting claim of the petitioners. Challenging that order, one Shashi Kant Saroj (C.W. J.C. No. 16933 of 2008), again, approached this Court by filing C.W. J.C. No. 3562 of 2008. The impugned order was quashed. The matter was, again, remanded with a specific direction that no other persons less than Minister of the concerned Department should decide the question of recognition by passing a reasoned order. The 12 reasoned order has been passed by the Minister of the Human Resources Development Department, which is under challenge in these writ applications. The impugned order is contained in Memo No. 395, dated 30.10.2008. 5. The question, which has been raised by the petitioners challenging the impugned orders, is that it amounts to unreasonable classification. Secondly, it is stated that the recognition matter of the Parishad is subjudice before Allahabad High Court and till the matter is not finally decided, persons, who have obtained degree from this institution can not be penalized. They should be allowed to participate in the process of selection and considering the degree be appointed as trained teachers subject to the final outcome of the pending cases relating to recognition of the institution. In some of the cases question relating to violation of rule of natural justice has also been raised specifically in cases where petitioners had already been appointed and subsequently terminated from service. 6. Counter affidavit has been filed on behalf of the respondent State as well as the National Council for Teachers' Education. 13 7. Considering the pleadings of the parties, it is apparent that the degree from the Parishad is not being recognized from the very beginning when the appointment of Parkhand/Panchayat teachers started under 2006 Rules. This is apparent from the fact that the petitioners have challenged the notifications vide Memo No. 2342, dated, dated 14.12.2006, notification vide Memo No. 4306, dated 22.11.2007, notification vide Memo No. 1337, dated 25.08.2008, and finally the order vide Memo No. 395, dated 30.10.2008. In spite of several rounds of litigations every time the decision of the State Government is same, i.e., not recognizing the teachers‟ training degree from the Parishad. 8. So far the objection raised by the petitioners regarding unreasonable classification is concerned, there is nothing to show that the petitioners have been classified on some unreasonable grounds. It is a fact that the institution from which the petitioners have taken their degree is a registered society by Uttar Pradesh Government vide Registration No. 821 of 1984-1985, dated 24.09.19984. The registration was renewed vide Renewal No. 10 of 2005, dated 05.04.2005 for further five years. It is not the case of the 14 petitioners that at any point of time this institution has been recognized by the Uttar Pradesh Government or it‟s degree has been recognized by the University Grant Commission or National Council for Teachers' Education. In the counter affidavit filed by National Council for Teachers' Education, it has been stated that after coming into force the National Council for Teachers' Education Act the institution, in question, made application to N.R.C., Jaipur, for recognition of distance education courses through distance learning system. The distance learning course for which recognition was sought for are N.T.T. of one year duration with 500 seats, B.T.C. (ETE) of two years‟ duration with 650 seats, B.Ed course of 1(1/2) years‟ duration with 750 seats. Application was refused by the N.R.C., Jaipur, vide order, dated 24.10.1997. An appeal was preferred by the institution under Section 18 of the National Council for Teachers' Education Act and it was also dismissed vide order, dated 05.06.1998. In the counter affidavit it has also been stated that the University Grant Commission by a press report has cautioned students against 18 universities functioning in contravention of the University Grant Commission Act in which this 15 institution is also included. The order of the University Grant Commission, including the institution in the list of fake institution, was challenged before the Allahabad High Court, Lucknow Bench in Writ Petition No. 3681(M/B) of 1996 and that has been disposed off on 17.12.1996. 9. Considering all these facts, I do not find that any reasonable classification has been made. Petitioners have not been able to show that degree from any institution, which is neither recognized by the State nor by the National Council for Teachers' Education, have been recognized by the State of Bihar for the purposes of appointment on the post of Parkhand/Panchayat teachers. If this could not have been the case of the petitioners that the persons who have obtained teachers‟ training degree from unrecognized institutions are being appointed/selected for the post, only in that case petitioners could have said that they are being deprived on the basis of unreasonable classification, that is not the case and I find that the objection which has been raised by the petitioners is not sustainable. 10. Most important question which is need consideration is regarding the degree obtained by the 16 petitioners from the Parishad under open university system, i.e., learning under distance education system. As per the requirement of law, any institution can impart education under distance education mode only when it is approved by the Distance Education Council established under Indira Gandhi National Open University Act. The Government of India has published a notification, in this regard, that only such institution, which are approved for imparting distance learning courses by Distance Education Council, can impart such education. A notice, in this regard, was also published by the University Grant Commission and by the Indira Gandhi National Open University in order to caution the students that they should not opt for any degree under distance learning mode from any institution which is not approved by the Distance Education Council. In spite of this, still students are opting for training courses or other courses from such institutions, which are actually not approved for imparting distance learning education by the Distance Education Council established under the Indira Gandhi National Open University Act. All the petitioners have completed their teachers‟ training course under the distance 17 learning course. This is one reason for which their degree can not be recognized for appointment. In the counter affidavit filed by the National Council for Teachers' Education it has also been stated that so far teachers‟ training course under distance learning mode is concerned, it is available for those, who are under employment. None of the petitioners were doing any job at the relevant time when they are claiming that they have obtained teachers‟ training degree under distance learning mode from the institution in question. This is one of the vital reasons for which the teachers‟ training degree of the petitioners can not be recognized for their appointment on the post of Prakhand/Panchayat teachers. 11. Another question, which has been raised by the petitioners, is that the National Council for Teachers' Education Act came in force with effect from 17th August, 1995. They have done their B.Ed course from this institution in between 1991-1995, i.e., before the National Council for Teachers' Education Act come into force. 2006 Rules, which is the Rule relating to appointment of Prakhand/Panchayat teachers, in very specific terms has fixed eligibility criteria. Candidates possessing bachelors teachers‟ training degree 18 from a institution recognized by the State Government/National Council for Teachers' Education will only be eligible for appointment on the post. In the case of the Parishad, till the date it is not recognized by the Uttar Pradesh Government or by the State of Bihar. The degree is from such institution which is not recognized by the National Council for Teachers' Education. Institution has no approval of the Distance Education Council, established under Indira Gandhi National Open University Act for imparting teachers‟ training education under distance mode of learning. In the given circumstance, it will not make any difference even if petitioners have obtained their degrees prior to 1995 or post 1995. 12. Lastly, this was the submission of the petitioners‟ counsel that when all considerations relating to law has failed, the Court should consider the case of the petitioners on equity and compassion. 13. I do not think that equity or compassion can be a ground for recognizing the degree of the petitioners for their appointment. Teachers are appointed for improving standard of education and educate children/students at the basic and 19 primary levels. Persons, who themselves are not qualified or who possess fake degrees, can not be allowed to be appointed on such posts. Appointing such persons as teachers will only mean that the standard of education will further deteriorate. 14. Considering all these facts, prayer