IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5922 of 2007 SUNIL KUMAR DAS son of Chandrabhushan Prasad resident of Mohalla Sultanpur, Danapur Cantt, PS Danapur, District- Patna. … Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary Education Department, Bihar, Patna. 2. The Secretary, Education Department, Bihar, Patna. 3. The Secretary, Human Resources Development Department, Bihar, Patna. 4. District Education Officer, Vaishali. 5. The Registrar, Bhartiya Siksha Parishad, 2/368, Gomathi Nagar, Vishwas Khand, Lucknow. … Respondents. ----------- 2. 27.10.2010 Having heard learned counsel for the petitioner and learned counsel for the State as with regard to the following prayer of the petitioner; “1. That this writ application, in the nature of mandamus, has been filed for a direction to the respondents concerned to consider the case of the petitioner for selection on the post of Teacher, District Board Middle School, Vaishali as per Circular No. 1434 dated 13.9.2006 issued by Human Resource Development Department, Bihar Government.” this Court would find that once the petitioner did not fulfil the prescribed eligibility criteria of being trained from a recognized training college, his appointment could not have been made on the post of Panchayat Teacher. 2 This aspect of the matter has been explained by the respondents also in the counter affidavit wherein the following stand has been taken; “4. That the para-4 (ka) (iii) of the Bihar Zila Parishad Madhyamik and Uchchta Madhyamik Shikshak (Nayojan Evam Seva Shart) Nivamawali 2006 states about the requisites training qualification for the Zila Parishad Madhyamik Shikshak that, a B. Ed. Degree from the recognized institution before the enactment of the National Council for Teacher Education Act, and after the enactment of the Act, a B. Ed degree from the institution recognized by the National Council for Teacher Education. 5. That the petitioner has acquired his B.Ed. degree from Bhartiya Shiksha Parishad, Uttar Pradesh, Lacknow, the name of the Bhartiya Shiksha Parishad, Uttar Pradesh is neither included in the list of the recognized institutions (either as of Regular Course or as Distant Education Course training institutions) of the state of Uttar Pradesh, Made available to this office by the department, not is included in the list of recognized training institutions of the U.P. State, Published on the website by the NCTE. 6. That again regarding the recognition of Bhartiya Shiksha Parishad, U.P. the Director (Research and Training), Human Resource Development Department, Bihar vide its letter No. 2302 dated 14.12.2006, communicated to all the concerned to not to include this institution, in the list of Training Collages. 7. That in the event, since the 3 petitioner has applied for trained teacher and has no requisite B. Ed. Degree from a recognized institution either by the concerned State Government or by the NCTE, the case of the petitioner cannot be considered for the appointment as Zila parishad Madhyamik Shikshak.” Learned counsel for the petitioner however has tried to wriggle out of the said stand taken by the respondent in their counter affidavit even without filing of any rejoinder affidavit to the said counter affidavit though a copy thereof was served on the counsel for the petitioner on 25.1.2008. His submission in this regard is that the restriction of NCTE Act came into force only w.e.f. 1995 and therefore if the petitioner had already taken admission prior to that date in any institution not recognized by NCTE, he will still be entitled for the recognition of such degree of training institution not having received affiliation of NCTE. In this connection, he has also placed reliance on an order of this Court dated 27.6.2008 in CWJC No. 3562 of 2008. Counsel for the State, in reply, has submitted that the examination in the petitioners’ institution Bharatiya Shiksha Parisad for the qualifying B.Ed Examination 4 was held in January 1996 and NCTE Act had contained specific provision for transitory period and if in that period Bharatiya Shiksha Parisad could not acquire approval and recognition under NCTE neither the petitioner nor his institution could claim automatic recognition of its degree after coming into force of NCTE Act. In the opinion of this Court, counsel for the State is absolutely correct inasmuch as if the petitioner’s examination itself was held after coming into force of NCTE Act, his degree acquired from any such institution not having recognition of NCTE will be not recognized. The order of this Court dated 27.6.2008 in CWJC No. 3652 of 2008 also does not lay down law to the contrary rather the matter was only remitted by this Court to an appropriate authority for considering the degree of Bharatiya Shiksha Parisad. It however does not appear that the petitioners of that case also alike the petitioner of this case had appeared in an examination held in the month of January 1996 or after coming into force of NCTE Act on 17.8.1995. Thus, in the opinion of this Court even the order relied by the learned counsel for the 5 petitioner would not improve the case of the petitioner. Once the institute of the petitioner was not recognized, this Court will have no hesitation in holding that the petitioner was not duly qualified for the post of Panchayat Shikshak as he was not having requisite qualification for the post. That being so, this writ application is devoid of any merit and is, accordingly, dismissed. Kanchan (Mihir Kumar Jha, J.)