IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6718 of 2006 Nagendra Singh, S/o-Sri Deosharan Singh, R/o-vill.-Amnabad, P.O.-Katesher, Bihta, District-Patna. –Petitioner. VERSUS 1. The State of Bihar through the Secretary/Commissioner, Department of Human Resources, Government of Bihar, Patna. 2. The Director, Secondary Education, Human Resources Department, Government of Bihar, Patna. 3. The District Education Officer, Patna. 4. Chairman, Bihar Karamchari Chayan Ayog, Vetnary College, Patna. 5. Secretary, Bihar Karamchari Chayan Ayog, Vetnary College, Patna. ----------- 06 27.04.2011 The present writ application has been filed by the petitioner for issuance of appropriate writ and/or direction to the respondent-Bihar Staff Selection Commission for granting approval to the appointment of petitioner as Graduate Trained Teacher in a minority school. Counter affidavits having been filed, with consent of parties, the writ application has been heard for final disposal at this stage itself. Petitioner has been appointed as an Assistant Teacher in Dayanand High School, Mithapur, Patna in the year 1999, which is recognized as minority educational institution. He had undergone for teachers training course for the session 1993-95. His examination for the teachers training course got delayed because examinations were not being conducted by the Bihar School Examination Board. The examinations were finally conducted by the Bihar School Examination Board for the session 1993-95 in the year 2004- 05. Petitioner has undisputedly passed the teachers training - 2 - examination and marks sheet thereof has been annexed to the writ application. Petitioner has been working as an Assistant Teacher, upon his appointment as an Assistant Teacher, being Graduate trained since 1999, but his services are yet to be approved. On behalf of the petitioner, it is submitted that earlier prior to 1991 it was mandatory requirement that teachers had to be appointed only after they had obtained the teachers training certificate. In other words, only trained teachers could be appointed in 1991. Government relaxed the criteria but provided that they must after joining service as teachers obtain and qualify for teachers training course. He submits that he had even before joining completed the course but for reasons beyond his control the examination got delayed which ultimately he has passed. Thus, his services ought to be approved. In the writ petition he has annexed several orders of the erstwhile Vidayalaya Sewa Board, which is the predecessor of the Bihar Staff Selection Commission where under similar circumstances services of Assistant Teachers were approved as a trained Assistant Teacher. It appears that the matter is remained stuck as between the Bihar Staff Selection Commission and the State Government. The Commission has sought clarification from the State Government whether such an appointment could be made or whether the Commission could grant approval. - 3 - A counter affidavit has been filed on behalf of the State wherein it has been stated that in respect of the petitioner the Governing Body of the minority educational institutions was competent to make the appointment. State already made favourable recommendations and sent it to the Bihar Staff Selection Commission for accord of approval. The matter rests there. Having considered the matter, in my view, as the petitioner had undergone the course of teachers training long before he was appointed, that is, he had undertaken the course in session 1993-95, whereas he was appointed in the year 1999. The examinations having been conducted later on by the Bihar School Examination Board for the said session and the petitioner declared passed, it would be deemed that petitioner had the necessary qualification when he was appointed. That is a mere technicality for that the matter could not or should not be kept hanging for such a long period. I, thus, hold that there is no impediment in grant of approval to the petitioner, as the facts noted above, by the Bihar Staff Selection Commission. They are directed to act accordingly within a period of one month from the date of production of a copy of this order before the Secretary, Bihar Staff Selection Commission. Upon approval being granted, the petitioner would be entitled to his full - 4 - remuneration as aforesaid for the said post/appointment. It would be the responsibility of the District Education Officer, Patna to ensure that all monetary dues as a consequence of approval being granted would be then paid to the petitioner within three months from the date of approval to the appointment as made in 1999 is granted by the Bihar Staff Selection Commission. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)