IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6224 of 2007 Upendra Prasad Yadav, S/o Sri Rameshwar Yadav, Resident of Village Khetalpurdih, P.O. Shahi Minapur, District Muzaffarpur. -------- Petitioner Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, New Secretary, Patna. 2. The Commissioner cum Secretary, Human Resources Department, Govt. of Bihar, New Secretariat, Patna. 3. The District Magistrate, Muzaffarpur, Bihar. 4. The District Superintendent of Education, Muzaffarpur, Bihar. 5. The Block education Extension Officer, At/P.O. Aurai, District Muzaffarpur. 6. The Director, Rastriya Patrachar Sansthan, 447, Geeta Bhawan Saket Nagar, Kanpur, District Kanpur, Uttar Pradesh. 7. The Principal, Adarsh Sanskrti Mahavidyalaya, Sankirtan Nagar, Chandpur (Briya), District Balia, Uttar Pradesh. -------- Respondents ----------- 2 28.10.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1(i) Issuance of direction, order or proper writ in nature of a writ of Mandamus/certiorari commanding and directing the respondents to issue appointment letter and accept his joining to the post of block teacher. The petitioner was selected after due procedure by Block Education Extension Officer (B.E.E.O.) Aurari (Muzaffarpur) after being satisfied pertaining to two years training course and was placed at Sl. No.5 of 3rd merit/selection list prepared/ declared on the basis of marks obtained by the petitioner in reserved category. (ii) Issuance of direction, order or 2 proper declaration commanding the respondents who after being satisfied regarding guinesses of training Certificate, called upon the petitioner for counseling and on the basis of marks obtained by him merit/selection list was prepared/declared and similarly situated persons have already been issued their appointment letter and have joined, where as the petitioner on the pretext of not being recognized by N.C.T.E. (the Institute from where the petitioner has got two years training course) is not being issued appointment letter which is out and out malafide and arbitrary for the reason after being satisfied regarding its correctness the petitioner was called upon for counseling. (iii) Issuance of directing order or proper declaration commanding the respondents that the arbitrary manner in which they have deprived the petitioner of his life and livelihood is violation of the fundamental right granted to him under article 21 of the Constitution of India serious effect his status and existence to which they are liable to suitable Compensate.” this Court is of the considered opinion that the moment the petitioner accepts that he had 3 passed his Teacher Training Examination in the year 2004 from an institution, which had not been affiliated and recognized by the National Council for Teachers Education, there would be no difficulty in holding that the petitioner did not possesses the requisite qualification for the post of Panchayat Teacher as prescribed by the 2006 Rules. The Government of Bihar has already issued an exhaustive list of institutions, whose degree is recognized and the name of the institution from which the petitioner had passed the said Training Examination, is not included therein. The plea of the learned counsel for the petitioner that since this institute is recognized by the Government of Uttar Pradesh and the University Grant Commission has also not declared that the institution of the petitioner from where the petitioner had passed the examination, is illegal or unauthorized, can hardly be an answer to the requirement of 2006 Rules. The NCTE Act, 1995 in no uncertain terms lays down that every institution 4 imparting Teachers Training will have to be recognized and approved by the NCTE and therefore, the principle followed by the Government of Bihar for appointing the teachers including teachers in the Panchayat by only recognizing the degree of institute having approval of the NCTE, cannot be said to be arbitrary. That being so, since the petitioner does not possess the requisite qualification and his prayer for a direction for appointment on the post of Panchayat Shikshak must be rejected. This application is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)