1 IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13271 of 2006 DINESH PRASAD SAH, S/O LATE RAMAWATAR SAH, R/O VILLAGE JAY NAGAR (KACHAHARI TOLA), P.S. JAY NAGAR, DISTRICT MADHUBANI. 2.MOHAN KUMAR MANGALAM, S/O SHRI GANGA LAL YADAV, R/O VILLAGE GOBRAHI, P.S. JAY NAGAR, DISTRICT MADHUBANI.. 3.KRISHNADEO PRASAD, S/O SHRI RAM NARAYAN MAHTO, R/O VILAGE GOBRAHI,P.S. JAY NAGAR, DISTRICT MADHUBANI. 4.RAJDEO PRASAD, S/O SHRI GAURI YADAV, R/O VILLAGE GOBRAHI,P.S. JAY NAGAR, DISTRICT MADHUBANI. 5.DHANRAJ PRASAD SINGH, S/O SHRI PRASHU SINGH,R/O VILLAGE SINGRAHI,P.S. JAY NAGAR, DISTRICT MADHUBANI. 6. RADHE NARAYAN SINGH, S/O LATE SITAI SINGH, R/O VILLAGE PARWA,P.S. JAY NAGAR, DISTRICT MADHUBANI. 7.RAJENDRA PRASAD DIWAKAR, S/O SHRI RAM CHARITRA YADAV, R/O VILLAGE GOBRAHI,P.S. JAY NAGAR, DISTRICT MADHUBANI. .... .... Petitioner/s Versus 1.THE STATE OF BIHAR. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3.DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI. 5.SHRI KANHAIYA PRASAD SRIVASTAVA, DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI. .... .... Respondent/s 03 05.07.2011 Having heard counsel for the parties and taking into account that a general direction has been sought by the petitioners for considering their cases for appointment on the post of Assistant Teachers by treating their training degree equivalent to one issued by the Bihar School Examination Board is wholly speculative in nature this Court would find it difficult to 2 entertain such writ petition. As would appear from the pleadings of the case that the petitioners claim to have passed their physical training examination from Abul Kalam Azad Primary Teachers Training college and Physical Training College, Laheriasarai, Darbhanga and they were expecting that certain vacancies would be notified by the District Superintendent of Education in near future for filling up the post of Assistant Teachers in Madhubani district in which they would not be considered because they have passed their training examination from the aforementioned institution. In the considered opinion of this Court, no direction can be issued on more speculation inasmuch as if the posts of teachers will be advertised, the requirement as per the Rules will be laid therein and if at that point of time the case of the petitioner or anyone of them is rejected, they will have a cause of action but for the present when the college of the petitioners from where they have passed their Teachers Training Examination does not exist any longer because of its having been not recognized by National Council For Technical Education 3 (N.C.T.E), it would be wholly unsafe to issue a general direction in form of declaration as with regard to validity of the qualification of the individual petitioners acquired by them prior to coming of N.C.T.E. Act in force. This court would therefore, give liberty to the petitioners to withdraw this application in order to move before appropriate Authority as and when such post are advertised by the Authority and it is expected that the Authorities will take appropriate decision strictly in accordance with law. With the aforementioned observation and liberty, this application is dismissed as withdrawn. RANJAN KUMAR/- (Mihir Kumar Jha, J)