IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2465 of 2009 1. KUMARI RITA, WIFE OF BINAY MAHTO, RESIDENT OF VILLAGE SHASHTRI NAGAR, P./O. HUSSAINA, P.S. BALLIA, DISTRICT – BEGUSARAI. 2. ANJU KUMARI WIFE OF PRAMOD KUMAR SINGH, RESIDENT OF VILLAGE & P.O. CHAUKI, P.S. SAHEBPURKAMAL, DISTRICT – BEGUSARAI. 3. MANJU KUMARI WIFE OF RAJENDRA CHAUDHARY, RESIDENT OF VILLAGE & P.O. PARIHAR, P.S. BAKHRI, DISTRICT – BEGUSARAI. ………. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR (RESEARCH & TRAINING), BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, BEGUSARAI. 5. THE DEPUTY DEVELOPMENT COMMISSIONER, BEGUSARAI. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI. 7. THE BLOCK DEVELOPMENT OFFICER, BALLIA, BEGUSARAI. 8. THE BLOCK EXTENSION EDUCATION OFFICER, BALLIA, BEGUSARAI. …………. RESPONDENTS. ----------- 04/ 30.06.2011 Heard counsels for the petitioners and the State. Petitioners have prayed for quashing of the order contained in letter dated 24.11.2000 passed by the Director, Research & Training, Bihar, Patna, whereby recognition of Non-government Millia Kaneez Fatima Women’s Primary Teachers Training College, Ram Bagh, Purnea has been cancelled. Further prayer of the petitioners is for a direction to the authorities for considering their case for the post of Panchayat teacher, recognizing their teachers’ training degree and to consider their candidature for 2 appointment as Panchayat teacher. Petitioners have completed their teacher’s training course from Millia Kaneez Fatima Women’s Teacher’s Training College, Ram Bagh, Purnea in Sessions 1987-89, 1985-86 and 1986-88 respectively. They appeared in the examination conducted by Bihar School Examination Board, Patna in the year, 1991 and results were also published declaring them successful. The institution was granted recognition by the State Govt. for the Sessions 1985-87 to 1993-95. This institution was granted recognition after holding enquiry in the light of direction passed in C.W.J.C. No. 1304 of 1993. During the session when the petitioners had taken admission, there was valid recognition in favour of the institution. Petitioners’ case is that their teacher’s training degree is not being considered by the authorities for making selection on the post of Panchayat/Prakhand teachers for the reason that subsequently the recognition of this institution was cancelled in the year, 2000. The Director, (Research & Training), Bihar, Patna vide letter dated 24.11.2000 3 communicated to each authorities, list of those institutions, whose recognition had been cancelled. In this list name of Mallia Kaneez Fatima Women’s Teacher’s Training College, Ram Bagh, Purnea has also been included mentioning that the recognition has been cancelled retrospectively with effect from Sessions 1985-87 to 1995-97. Counsel for the petitioners submits that the recognition earlier allowed in favour of the institution for the same Sessions 1985-87 to 1995-97, could not have been cancelled, retrospectively. The institution was granted recognition vide Memo No. 586 dated 15.12.1994. The effect of cancellation of recognition cannot be retrospective for the reason that during that Sessions 1985-87 to 1993-95 several persons have undergone teacher’s training, under this impression that it is a recognized institution. They also appeared in the examination conducted by the Bihar School Examination Board and by the direction of the High Court in C.W.J.C. No. 7010 of 2006 results were also published. C.W.J.C. No.7010 of 2006 was allowed vide order dated 18.8.2006. The direction was issued 4 to publish the result of the petitioners and it was observed that petitioners will be entitled to participate in the selection process of teachers on the strength of this order. In the counter affidavit of Respondent No. 2 it has been stated that the petitioners have challenged Annexure-1 of the writ application after eight years’ delay and also that being students they do not have any right to challenge the derecognition of the college in question. There is no statement in the counter affidavit denying the fact that for the Sessions 1985- 87 to 1993-95 there was no recognition of State Govt. in favour of the instutiton and the petitioners had considered their teacher’s training during the period of the process of recognition. In case the petitioners would not have undergone their teachers training in between 1983 to 1995 they could not have claimed that their teachers training certificate are genuine. Since they had completed their teachers training during the period of recognition and their result also published as per the direction of this Court with observation that on the basis of teachers training 5 certificate they can participate in the selection process. I do not find any reason for coming to this conclusion that petitioners’ teachers training certificate cannot be considered by the members of the selection committee for considering their candidature for appointment on the post of Panchayat/Prakhand teacher, despite the fact that name of this institution has been included in the list of unrecognized institution. Accordingly, there is no need for quashing of the entire letter dated 24.11.2000, but so far name of this instutiton including in the list of unrecognized institution for the Sessions 1985-87 to 1993-95 is concerned, the respondents are directed to correct and modify it. In any case the recognition can be cancelled subsequent to 1993-95. Accordingly, this application is allowed. DKS/ (Mridula Mishra, J.)