IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 1123 of 2009 1. MD. ANISUR RAHAMAN, SON OF MD. NAIYAR AALAM, RESIDENT OF VILLAGE – DHAPI, P.O. – KAKAN, P.S. – PALASI, DISTRICT – ARARIA 2. NIKAHAT SULTANA, WIFE OF NOROJ AALAM, RESIDENT OF VILLAGE – BAGNAGAR, P.O. – BAGNAGAR, P.S. – ARARIA, DISTRICT – ARARIA 3. PARVEJ AALAM, SON OF MD. HASIM, RESIDENT OF VILLAGE – BAGNAGAR, P.O. – BAGNAGAR, P.S. – HAHALGAON, DISTRICT – ARARIA 4. ABU SUFIYAN, SON OF MD. SARFUDDIN, RESIDENT OF VILLAGE – KURSHEL, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 5. SURAIYA SAIYAD, WIFE OF TUFAIL AHMAD, RESIDENT OF VILLAGE – KURSHEL, P.O.- JOKIHAT, P.S. – JOKIHAT, DISTRICT- ARARIA 6. TARBRAJ AALAM, SON OF SHEKH SULAMAN, RESIDENT OF VILLAGE – ARTIYA, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 7. MD. SAKIB AALAM, SON OF MAJIBUR RAHMAN, RESIDENT OF VILLAGE – THAPKOL, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 8. MD. AJMAL HUSAIN, SON OF MD. TASLIM AHMAD, RESIDENT OF VILLAGE – CHAKAI, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 9. BIBI SABNAM AARA, WIFE OF MD. AJIMUDDIN, RESIDENT OF VILLAGE – CHAKAL, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 10. MD. MUSLIM, SON OF SHEKH SAIDUR RAHMAN, RESIDENT OF VILLAGE – KARHOBANA, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 11. MD. AKHTAR HUSAIN, SON OF MD. MOJIBUR RAHMAN, RESIDENT OF VILLAGE – BALUVA, P.O. – KAKAN, P.S. – JOKIHAT, DISTRICT – ARARIA 12. MD. NAEM AKHTAR, SON OF MD. TASLIMUDDIN, RESIDENT OF VILLAGE – SUKHSAINA BALUA, P.O. – KAKAN, P.S. – JOKIHAT, DISTRICT – ARARIA 13. MD. IQBL HUSAIN, SON OF SHEKH NASHARAT ALI, RESIDENT OF VILLAGE – DHOBANIA, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 14. MD. PERWEJ AALAM, SON OF MD. RAFIKUDDIN, RESIDENT OF VILLAGE – KARAHARA, P.O. – MAHALGAON, P.S. – MAHALGAON, DISTRICT – ARARIA 15. ABDUL KHALIK, SON OF SAJUD HUSAIN, RESIDENT OF VILLAGE – SATBITA, P.O. – ARARIA BRAIGACHHI, P.S. – JOKIHAT, DISTRICT – ARARIA 16. MD. REJWAN, SON OF MOHIUDDIN, RESIDENT OF VILLAGE - TARAN, P.O. – DUBBA, P.S. – JOKIHAT, DISTRICT – ARARIA 17. GULSHEN ARA, WIFE OF MUNNA MUSTAK, RESIDENT OF VILLAGE – ARTIYA, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 18. SHAGUFTA PRAVEEN, SON OF MD. AABAK AALAM, RESIDENT OF VILLAGE – LALVA BARI, P.O. – BAHARBARI, P.S. – JOKIHAT, DISTRICT – ARARIA 2 19. MD. UMAR EKBAL, SON OF ABDUR RAHMAN, RESIDENT OF VILLAGE – AJHAWA SINGAR MOHINI, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA 20. MD. GAYASUDDIN, SON OF SHEKH TAHIR, RESIDENT OF VILLAGE - KURSHEL, P.O. – JOKIHAT, P.S. – JOKIHAT, DISTRICT – ARARIA ………………. PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA 2. THE DIRECTOR (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR (PRIMARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 4. THE PROGRAMME OFFICER, BIHAR EDUCATION PROJECT, PATNA 5. THE DISTRICT EDUCATION OFFICER, ARARIA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA 7. THE BLOCK DEVELOPMENT OFFICER, JOKIHAT BLOCK, DISTRICT – ARARIA 8. THE BLOCK DEVELOPMENT OFFICER, PALASI BLOCK, DISTRICT – ARARIA 9. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK – JOKIHAT, DISTRICT – ARARIA ……………………… RESPONDENTS WITH CWJC NO.1174 OF 2009 1. SURENDRA PRASAD YADAV, SON OF RAM PRASAD YADAV, RESIDENT OF VILLAGE – BIHARI, P.O. – BIHARI, P.S. – PALASI, DISTRICT – ARARIA 2. KUMAR AARIS, SON OF SRI RAM LAL SAH, RESIDENT OF VILLAGE - SONAKANDAR, P.O. – BIHARI, P.S. – PALASI, DISTRICT – ARARIA 3. ARBIND KUMAR, SON OF SHRI RAM PRASAD YADAV, RESIDENT OF VILLAGE – KALAHI TOLA BUALDANTI, P.O. – BIHARI, P.S. – PALASI, DISTRICT – ARARIA 4. HARERAM MANDAL, SON OF LATE SAHAT LAL MANDAL, RESIDENT OF VILLAGE – PIPARA, P.O. – SOHANDAR HAT, P.S. – PALASI, DISTRICT – ARARIA 5. MD. IMRAN AALAM, SON OF SHEKH JAHIDUL RAHMAN, RESIDENT OF VILLAGE - KATHORA (TOLA MALKHANA), P.O. – BIHARI, P.S. – PALASI, DISTRICT – ARARIA 6. MD. RAMJAN ALI, SON OF MD. MOJIBUR RAHMAN, RESIDENT OF VILLAGE – BUDHI KASHIBARI, P.O. – SOHANDAR HAT, P.S. – PALASI, DISTRICT – ARARIA 7. HIRALAL MANDAL, SON OF SHRI BOKAI MANDAL, RESIDENT OF VILLAGE – GOSAIPUR, P.O. & P.S. – PALASI, DISTRICT – ARARIA 8. OM PRAKASH MANDAL, SON OF SHRI DHARMNATH MANDAL, RESIDENT OF VILLAGE – SOHANDAR, P.O. – SOHANDAR HAT, P.S. – PALASI, DISTRICT - ARARIA 3 9. BIJAY KUMAR MANDAL, SON OF LATE SHYAM LAL MANDAL, RESIDENT OF VILLAGE – KHAPARA, P.O. – SOHENDRA HAT, P.S. – PALASI, DISTRICT – ARARIA 10. MAHENDRA KUMAR MANDAL, SON OF SHIR RAJANAND MANDAL, RESIDENT OF VILLAGE - BIRINAB TOIL, P.O. – BHOJPUR, P.S. – TARAMARI, DISTRICT – ARARIA …………………… PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA 2. THE DIRECTOR (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR (PRIMARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 4. THE PROGRAMME OFFICER, BIHAR EDUCATION PROJECT, PATNA 5. THE DISTRICT EDUCATION OFFICER, ARARIA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA 7. THE BLOCK DEVELOPMENT OFFICER, JOKIHAT BLOCK, DISTRICT – ARARIA 8. THE BLOCK DEVELOPMENT OFFICER, PALASI BLOCK, DISTRICT – ARARIA 9. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK – JOKIHAT, DISTRICT – ARARIA 10. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK – PALASI, DISTRICT – ARARIA ………………………. RESPONDENTS ----------- For the Petitioners: Mr. Shashi Bhushan Kumar, Advocate For the Respondent: Sanjay Kumar, AC to AAG-10 ********** 05. 23.08.2011 Heard learned counsel for the petitioners and the State. Both Writ Applications have been filed by petitioners for a direction to Respondents to consider their experience certificate, issued by the District Superintendent of Education, Araria, certifying that the petitioners have worked for one year at Prayash Centre in different Panchayats and Blocks in the district of 4 Araria and as such entitled for weightage in appointment of Panchayat Teacher as per Bihar Panchayat Primary Teacher (Employment and Service Condition) (Amendment) Rules, 2008. Counter Affidavit and Supplementary Counter Affidavit has been filed on behalf of District Program Officer, Education Department, Araria to justify the action of Selection Committee in not allowing 20% marks as weightage to the petitioners in the matters of their appointment to the post of Panchayat Teacher. Petitioners were appointed in different Gram Panchayats for working as Supervisors / Instructors at Prayash Centres established under Sarva Siksha Abhiyan. They completed their training and worked at Prayash Centres for one year, for which a certificate was issued by the D.S.E., Araria. All these petitioners had applied for their appointment to the post of Panchayat Teacher in response to an advertisement, inviting applications against vacancies of Panchayat Teachers to be filled under the provisions of Bihar Panchayat Primary Teacher (Employment and Service Condition) (Amendment) Rules, 2008 (hereinafter referred to as “2008 Rules” for short). Rule 4 of 2008 Rules provide that in matters of appointment, priority shall be given to 5 the trained applicants. There should be a panel of trained as well as untrained applicants. Persons, who have worked as Lok Shikshak, Panchayat Shiksha Mitra, Supervisor at Prayash Centre and Instructors of non- formal education under Bihar Education Project, being run under the provisions of Sarva Siksha Abhiyan, should be given weightage in the matters of their appointment. Rule 4 sub-rule 2 of Amended Rule, 2008 provides that persons, who have worked for one year under Sarva Siksha Abhiyan or as Panchayat Shiksha Mitra shall be given 20 marks as weightage. Petitioners in support of their work experience as Supervisor at Prayash Centres have annexed certificates issued by the District Superintendent of Education-cum- District Program Coordinator, Araria, which indicates that all these petitioners have worked for one year as Supervisor at different Prayash Centres, being run under Sarva Siksha Abhiyan. Petitioners are aggrieved because their experience certificate, is not being considered by the Selection Committee, while preparing the merit list of untrained teacher. They have not been provided with 20 marks as weightage, while calculating their percentage of marks and due this their names could not be included in the merit panel of untrained candidates. 6 In the Counter Affidavit and Supplementary Counter Affidavit, it has been stated that since petitioners had not been paid their twelve months salary for working as Education Volunteers at Prayash Centre or alternative Education Centre, they are not entitled for 20 marks as weightage. It has also been stated that certificates, issued by the DSE, is not proper, as it had been issued considering the report of the Headmasters of the concerned Schools. Headmasters have furnished wrong details of petitioners’ continuation at such centres for one year. Since Headmasters wrong reports, is the basis for issuance of experience certificate by the D.S.E., Araria, the Department has decided not to recognize such certificate and take disciplinary action against Headmasters of Schools. There is no statement in the Counter Affidavit or Supplementary Counter Affidavit that the certificates, issued in favour of the petitioners by the DSE has been cancelled after holding any enquiry which revealed that certificate, issued in favour of the petitioners is based on wrong details submitted by the Headmasters. Till the date no such actions have been taken by the Respondents. For all these reasons, I do not find any justification for not giving benefit of petitioner’s experience 7 certificate for working as Supervisor at Prayash Centre. Petitioners are thus entitled for 20 weightage marks, as per sub-rule 2 of Rule 4 of Bihar Panchayat Primary Teacher (Employment and Service Condition) (Amendment) Rules, 2008. Petitioners’ experience certificate is valid and on the basis of these certificates they are entitled for 20 point weightage as per sub rule 2 of Rule 4 of 2008 Rules. The Respondents are directed to consider petitioners’ experience certificate and allow them the benefit of their experience certificate as provided under sub-rule 2 of Rule 4 of Bihar Panchayat Primary Teacher (Employment and Service Condition) (Amendment) Rules, 2008. Panel, already prepared should be modified and prepared afresh in accordance with law, giving weightage to petitioners. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)