IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6323 OF 2005 1. CHAHAK LAL YADAV, SON OF SHRI SURENDRA PRASAD YADAV, RESIDENT OF VILLAGE MAHENDRAPUR, POST OFFICE BHOGA BHATGAWAN, POLICE STATION SADAR, PURNEA, DISTRICT PURNEA. AT PRESENT, WORKING AS ASSISTANT TEACHER IN BHATTA MIDDLE SCHOOL (BENGALI), PURNEA, DISTRICT PURNEA 2. PURAN PRASAD PODDAR, SON OF LATE RASIK LAL PODDAR, RESIDENT OF VILLAGE BHOGA DEHAT, POST OFFICE BHOGA BHATGAWAN, POLICE STATION SADAR, PURNEA, DISTRICT PURNEA. AT PRESENT, WORKING AS ASSISTANT TEACHER IN BHATTA MIDDLE SCHOOL (BENGALI), PURNEA, DISTRICT PURNEA ……………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF SECONDARY, PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE SPECIAL DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 5. THE DEPUTY DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 6. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PURNEA 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 8. THE AREA EDUCATION OFFICER, PURNEA 9. THE HEADMASTER, BHATTA MIDDLE SCHOOL (BENGALI), PURNEA 10. THE DISTRICT MAGISTRATE CUM COLLECTOR, PATNA 11. THE MANAGING COMMITTEE, BHATTA MIDDLE SCHOOL (BENGALI), PURNEA THROUGH ITS SECRETARY 12. THE SECRETARY, MANAGING COMMITTEE, BHATTA MIDDLE SCHOOL (BENGALI), PURNEA ………………………………………………………………………………RESPONDENTS ********* FOR THE PETITIONERS :- MR. SYAMA PRASAD MUKHERJEE, SR. ADV. MR. SHANTI PRATAP, ADVOCATE MR. ARBIND KUMAR VERMA, ADVOCATE FOR THE S T A T E :- MR. SANJAY PRAKASH VERMA, AC TO SC 2 ********** 6 18/01/2011 The two petitioners were appointed by the Managing Committee of the Bhatta Middle School (Bengali), Purnea with effect from 01.09.1993. The appointment of the petitioners was approved by the District Superintendent of Education, Purnea subject to the condition that the petitioners should have to pass the 2 B.Ed examination and if the petitioners had not passed the said examination, they would be liable to be terminated from their services and the salary paid to them for the interim period would need to be refunded by the petitioners. The matter went up for the approval of the Director, Primary Education who passed an order stopping the salary of the petitioners and thereafter held that the petitioners’ appointment was ab initio illegal and therefore, they were liable to be terminated from services vide Annexure-B dated 25.06.2001. Annexure-B has been challenged by filing I.A. No. 3253 of2006, which is being allowed by this Court. The case of the petitioners are that both of the petitioners were of the 1993-94 session and they had already sat for their B.Ed examinations before their appointments. However, the results were declared on 17.08.1994. The petitioners had been working regularly and to the satisfaction of the concerned authority between the period 1994 till the order was passed by the Director, Primary Education. Counsel for the petitioners submits that in same facts in the case of Mahadev Lal Karmakar vs. The State of Bihar & Others [2008 (4) PLJR 444, this Court while considering identical facts has held that once a Teacher had cleared the B.Ed examination, he would be 3 deemed to be a trained teacher. In the present case, the petitioners had already sat for their examination and had obtained the certificates on 176.08.1994 i.e. before the District Superintendent of Education had approved the petitioners’ appointment after laying down certain conditions which would be apparent from Annexure-7. Thus, as far as the State Government is concerned, the petitioners had fulfilled the criteria of being B.Ed trained on the date on which the approval was granted by the District Superintendent of Education, Purnea. In view of the aforesaid facts and the decision of this Court in the case of Mahadev Lal Karmakar, I quash the orders issued under Memo Nos. 1124 and 1125 dated 21.07.2006 by the District Superintendent of Education, Purnea and allow this writ application. The petitioners would be entitled to the consequential reliefs with respect to payment of their salary for the years they were deprived of their salary. Anand ( Sheema Ali Khan, J. )