IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8167 of 2009 BAIJENDRA KUMAR TIWARY, SON OF LATE SHEO RATNA TIWARI, RESIDENT OF NEW AJAD LANE, CHAUDHARY TOLA, P.O. MAHENDRU, P.S. MAHENDRU, DISTRICT – PATNA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT,GOVERNMENT OF BIHAR, PATNA. 3. THEY DEPUTY SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR TRAINING AND RESEARCH, GOVERNMENT OF BIHAR, PATNA. 5. DR. ZAKIR LHUSSAIN PRIMARY TEACHERS TRAINING COLLEGE OF EDUCATION,SULTANGANJ, PATNA THROUGH ITS PRINCIPLE. ----------- 3. 21.7.2009. Petitioner studied Primary Teachers Training Course during the Sessions 1984-86 in Dr. Zakir Hussain Primary Teachers Training College, Sultanganj, Patna. He appeared in the Teachers Training examination conducted by Bihar School Examination Board in the light of the order of this Court dated 13.6.2007 passed in LPA No.99 of 2007 (Annexure-5). Publication of the result of the petitioner of the Teachers Training examination was however subject to the result of the aforesaid L.P.A., which was later dismissed under orders dated 23.6.2008. Against the aforesaid order dated 23.6.2008 the institution approached the Hon’ble Supreme Court in S.L.P. (Civil) Nos.19147- - 2 - 19148/2008 and in the said L.P.A. under orders dated 21.11.2008, Hon’ble Supreme Court directed for publication of the result of the petitioner. In compliance of the said directions, petitioner’s Teachers Training examination result has been published and he has become successful, perusal of the order dated 21.11.2008 however indicates that publication of the result of the petitioner is subject to the result of the aforesaid S.L.P. Having become successful in the Primary Teachers Training Examination, petitioner has become an applicant for appointment on the post of Assistant/Panchayat Teacher. His candidature for the said appointment however is not being considered in the light of the instruction of the State Government contained in letter no.90 dated 2.4.2009 issued in the light of the provisions contained in Section 16 of the N.C.T.E. Act. Petitioner being the student of 1984-86 Sessions is not affected by the provisions contained in Section 16 of the Act which came into effect from 17.8.1995. In any case, his Teachers Training examination - 3 - N.H./ result having been published in the light of the direction of the Hon’ble Supreme Court contained in order dated 21.11.2008 (Annexure-6), during the pendency of the aforesaid S.L.P., petitioner cannot be devoid of the advantage of his result which has been published in the light of the direction of the Hon’ble Supreme Court. 2. Accordingly, I direct that the case of the petitioner for appointment on the post of Assistant/Panchayat Teacher be considered in accordance with law but such consideration shall be subject to the result of the aforesaid S.L.P.(Civil) Nos.19147- 19148/2008. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)