IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2595 of 2009 1.CHANDRASHEKHAR DAS son of Yogendra Nath Das, resident of Village P.O.Kehunia P.S.Pranpur Dist. Katihar. 2.Awadhesh Kumar Das son of Late Rajendra Das, resident of Village and P.O. Kehnia P.S.Pranpur Dist.Katihar. 3.Rajeev Kumar Jha son of Late Narendra Jha, resident of village Kolhua P.O.Kursakanta P.S.Kursakanta Dist.Araria. 4.Chetnarayan Jha son of Late Durganand Jha, resident of Village Sharanpur P.O.Damra P.S.Tarabari Dist.Araria. 5.Susil Kumar son of Late Kapildeo Mandal, resident of village Pahartola P.O.Khagha Mirganj P.S. Mirganj Dist.Purnea. 6. Naushad Alam son of Late Enamul Haque resident of Village Suryapur P.O.Araria Bairgachi P.S.Arari Dist.Araria. 7.Rajeev Ranjan son of late Suryanarayan Singh, resident of Village Gopalpatti P.O. Falka P.S. Falka Dist.Katihar. 8.Md.Khurshid Alam son of late Abdur Rahman, resident of Village Belgachi P.O.Makeli Belgachi P.S.Dagania Dist.Purnea. 9.Ranvijay Kumar son of Late Jageshwar Prasad Singh, resident of Village Bara P.O. R.T.Mohan P.S.Simraha Dist.Araria. 10.Md. Margoob son of late Md. Rais, resident of Village and P.O. Jawe P.S. bhawanipur Dist.Purnea. 11.Mahboob Elahi son of Late Noor Elahi, resident of Village Artia Tola Kashibari P.O. and P.S. Jokihar Dist.Araria. 12.Ashraf Matin son of late Abdul Matin resident of village Kisha P.O. Majgama P.S.Kasba Dist.Purnea. 13.Sohail Ahmad son of late Abdus Salam, resident of mohalla Islam nagar, Ward no.27 P.S.Araria Dist.Araria. 14.Md.Shahnawar Alam son of Late Nurl Hod, resident of Mohalla Azadnagar Ward no.20 P.O. and P.S.Araria Dist.Araria. 15.Md. Shams Azhar son of late Aiaz Ahmad Ansari, resident of Village and P.O. Mahligaon P.S.mahaligaon Dist.Araria. 16.Pramod Kumar Sharma son of late Laxmi Narayan Sharma, resident of Village and P.O. Simarbani P.S.Margama Dist.Araria. 17.Vijaya Kumar son of Late Bishwanath Biswas resident of Village partia P.O. Tolikola P.S.Amour Dist.Purnea. 18.Sanjay Kumar Jha son of Late Shankar Jha, resident of Village Baradbutta P.O. Urlaha P.S.Palasi Dist.Araria. 19.Ranjan kumar son of Late jagdish Prasad, resident of Mohall Thana Mohalla Araria P.O. and P.S. Arari Dist.Araria. 20.Md. Zafar Alam, son of Late Md. Suleman resident of Village and P.O. Bara Istambrar P.S. Jokihat Dist.Patna. 21.Md. Nawed Alam, son of Late Md. Ashfaque Alam, resident of village Dharhar P.O. Sigharihat P.S.Bahadurganj Dist. Kishanganj 22.Bimal Kishore Jha son of late Ganesh Jha, resident of village and P.O. Jhagruchak P.S.Falka Dist. Katihar. 2 23.Bishundeo Singh son of Sri nagendra Narayan Singh, resident of Village Guagachi P.O. Hemkunj P.S.Manihari Dist. Katihar. 24.Sunil Kumar son of late Sant Lal Mandal, resident of Village Simaria Ruchdeo P.O.Pothia P.S. Falka Dist.Katihar. 25.Nilambar Mandal son of Sri Navin Lal Mandal, resident of Village and P.O. Morsanda P.S. Falka Dist. Katihar. 26.Shambhu Dayal Deo son of late Ramdeo Poddar, resident of Village Mahgama P.O. Bhoga Mahgama P.S.Mufassil Ranipatra Dist.Purnea. 27.Amit Kumar son of Late Arun Kumar, resident of Village Bishnichak Chandpur P.O.Sameli P.S.Falka Dist. Katihar. 28.Tejnarayan Mandal, sn of Sitaram Mandal, residentof village and P.O. Bhagha P.S.Falka Dist. Katihar. 29.Md. Zameel Akhtar son of Late Md. Rafiuddin Anjum, resident of Village Benibari (Raiyanpur) P.O.Mahinagar P.S.Balia Belon Dist.Katihar. 30.Md.Shakeb Jamali son of Late Anwarul Haque, resident of Village Maradangi P.O.Shitalmani P.S.Azamnagar Dist.Katihar. 31.Chandra Prakash Bhartiya son of Late Jitendra Prasad Sah, resident of village and P.O. Gurubazar P.S.Barari District Katihar. 32.Md.Shahar Wardi son of Late Md. Nurruzama resident of village Kathalbari Chainpur P.O.Nishandra P.S.Kochadhaman,Dist. Kishanganj. 33.Binod Kumar Singh son of Sri Prithvi Raj Singh, resident of village Mujwar Tal P.O. Hemkunj P.S.Manihari Dist.Katihar. 34.Neeraj Kumar Singh son of Late Phuleshwar Prasad Singh, resident of Mohalla New Colony, Khiru Chowk Bhattha Bazar, Purnea P.O.Bhattha Bazar Purnewa P.S.Khajanchihat Dist.Purnea. 35.Ram Kumar Das son of Late Keshav Lal Das, resident of Village Sighua P.O. Kursakanta P.S.Kursakauta Dist.Araria. 36.Nikhil Kumar Das son of Late Mukul Chandra Das, resident of Village Kamraili P.O. Perbheli P.S.Kadwa Dist.Katihar. 37.Alok Kumar Jha son of Late Shardanand Jha, resident of Village Ramai, P.O. Ramai P.S.Farbesganj Dist.Araria. 38.Kamakhya Narayan Kumar son of Late Arun Kumar Rajak, resident of Village Madhopur P.O.Basudeopur Dist.Munger. 39.Binodanand Yadav son of Late Bhawanand Yadav, resident of village P.O. Pothia P.S.Falka Dist.Katihar. 40.Karmchand Patel son of Late Prithvi Chand Mandal, resident of Village and P.O. jagdishpur P.S.Barari Dist.Katihar. 41.Ram Bilash Mistri son of Sri Saraf Lal Mistri, resident of village Baharkhal P.O.Khurma Rupaspur P.S.Routara Dist. Katihar. 42.Rabindranath Mishra son of Late Deonarayan Mishra, resident of village Ashiani P.O.Bharri P.S.Kadwa Dist.Katihar 43.Rinku Kumari D/o Sri Munilal Sah, resident o village Sultan Pokhar (West) P.O.Farbesganj P.S.Farbesganj Dist.Araria. 3 44.Upendra Yadav son of Sri Bidyanand Yadav, resident of village Jharkaha P.O.Barhara P.S.Narpatganj Dist.Araria. 45.Akshay Kumar son of Late Surendra Nath Jha, resident of Village and P.O. Bhardeshwar P.S.Jogbanai Dist.Araria. 46.Ramanuj Suman son of Late Ramswaroop Prasad Singh, resident of Mohalla Anand Colony P.O. Mirchaibari P.S.katihar Dist.Katihar. 47.Mritunjay Kumar son of Late Parmeshwar Panda, resident of Village and P.O.Chandpur P.S.Falka Dist.Karihar 48.Anant Kumar son of Late Sudhir Chandra Pal, resident of Village and P.O.Nawabganj P.S. Manihari Dist.Katihar. 49.Rajeev Ranjan son of Late Kamleshwari Prasad Nayak, resident of Village Hasanpur, Raniganj P.O. Meriganj P.S.Raniganj Dist.Araria. 50.Sanjay kumar Singh son of Late Hublal Singh, resident of village Rahmatpur P.S.Matihari P.S.Terhagachhi Dist.Kishanganh 51.Md.Sohail Ahmad son of Md. Shakeel Ahmad, resident of Village Bharsia, P.O.Jhagruchak P.S.Falka Dist.katihara 52.Shams Tabrej son of late Md.Siddique, resident of Village masuria Farasidanga P.O.Bagdahra hat P.S.Jokihat Dist.Araria. 53.Sheo Shankar Kumar Yadav son of Late Deep Narayan Yadav, resident of Village Jaikrishnapur katha P.O.Banaili P.S.K.Nagar Dist.Purnea. 54.Kailash Kumar Paswan son of Late Thakeshwar Paswan, resident of Village Tarabari P.O. Damra P.S.Tarabari Dist.Araria. 55/Prashant Bhardwaj son of Late Premdhar Jha, resident of Village Sharanpur P.O.Damra P.S.Tarabari Dist.Araria. 56.Dileep Kumar son of Late Raghunand Das, resident of Village Kochadhaman P.O. and P.S.Kochadhaman Dist.Kishanganj 57.Md.Mujahid Hussain Rizvi son of Late Md. Sazid Hussain, resident of Mohalla Mohiuddinpur College, Road Kishanganj P.O. Kishanganj P.S.Kishanganj Dist.Kishanganj 58.Md.Salman Raghib son of Habibur Rahman Sabir, resident of village Chandail P.O.Dhusmal Hat Dist.Purnea. 59.Saroj Kumar Sharma son of Late Sanatan Prasad Sharma, resident of Village Barhabari P.O.Matiyari P.S.Terhagachh Dist.Kishanganj 60.Barun Kumar Yadav son of Late Maheshwar Prasad Yadav, resident of Village Kheria P.O. A.G.Bazar P.S.Kirshela,Dist.Katihar. 61.Madhumala Kumari D/o late Bouku paswan wife3 of Digvijay Kumar, resident of village Bara P.O.R.T.Mohan P.S.Renu Gaon Simraha Dist.Araria. 62.Md.Abu Bakar son of Late Md.Quasim, resident of Village and P.O.Dehri P.S.Palasi Dist.Araria. 63.Durganand Jha son of Late Jageshwar Jha, resident of Village Sohagpur P.O.Palasi P.S.Palasi Dist.Araria. 64.Abdur Rahman son of Late Atiquoor Rahman, resident of Village Sukhsena Tola Balua P.O.Kakan P.S.Palasi Dist.Araria. 4 65.Amit Kumar son of Late Hari Naryan jha resident of Village Sahbagpur P.O.Bhardeshwar P.S.Jogbani Dist.Araria. 66.Kumar Kunal son of Late Naresh Prasad Mandal, resident of village and P.O. Manihari P.S.Manihari Dist.Katihar. 67.Shashipal Kumar Singh son of Late Uttam Kumar Singh, resident of Village Balutola P.O.Neerpur P.S.Barhara Kothi Dist.Purnea. 68.Sheo Kumar son of Late Maheshwar Paswan, resident of Village Bela P.S.Champawati P.S.Sarsi Dist.Purnea. 69.Pankaj Kumar son of Late Raghunath Prasad Dwevedi, resident of village and P.O.Dist.Katihar. 70.Abhimannu son of Late Shankar Prasad Ram, resident of Village Debipur P.O.Nandlalpur P.S.Kahalgaon Dist.Bhagalpur. 71.Indradeo Kumar son of Late Udit Lal Singh, resident of Village Birnea P.O.Savesar P.S.Bahadurganj Dist.Kishanganj 72.Md.Shahjad Alam son of Late Md. Idrish, resident of Village Harpur P.O.Mahsaili P.S.Bousi Basouthi Dist.Araria. 73.Rajeev Kumar son of Late Braje4ndra Kumar Jha, resident of village Shahwan Khunt P.O.Bhatottar Chakia P.S.Barhara Kothi Dist.Purnea. 74.Sushila Kumari wife of Sri Rabindra Kumar, resident of Village and P.O.Saonali P.S.kadwa Dist.Katihar. 75.Md.Hidayatullah son of Late Aflatoon Mustafa, resident of Village Majhali P.O.Milik Pahlagarh P.S.Pranpur Dist.Katihar. 76.Md.Imran son of Late Md. Hafeez Alam resident of Village Titiha P.O.Haldikhora P.S.Kochadhaman Dist.Kishanganj 77.Md.Zunnu Rain son of Late Zahidur Rehman, resident of Village Bahikole P.O.Dhanpatganj P.S.Kochadhaman Dist.kishanganj. 78.Sabih Sanwar son of late Zahidur Rehman, resident of Village Tena P.O. Kochadhaman P.S.Kochadhaman,Dist.Kishanganj 79.Md. Munazirul Hussain son of late Md. Azam, resident of Village Belabari Tola Khokho Basti P.O.Meharganj P.S.bahadurganj Dist.Kishanganj. 80.Kishore Kumar Singh son of Late mewalal Singh resident of Village Gopalpur P.O.Naluapara P.S.Bahadurganj Dist.Kishanganj. 81.Satyapal Prabhakar son of Late Lal Bahadur Singh, resident of Village Sarai Thana Road, Bahadurganj P.O. Bahadurganj P.S.Bahadurganj Dist.Kishanganj 82.Angustari Begam D/o Late Md.Arif resident of village Dahuabari P.O. Bishanpur P.S.Kochadhaman Dist.Kishanganj 83.Pradeep Kumar son of Late Munder Lal Bishwas resident of Village Khirdha P.O. and P.S. Jokihat Dist.Araria. 84.Prabhat Ranjan son of Late Amrit Prasad Singh resident of Village Rahmanganj P.O.ganj Dist.Kishanganj 85.Md.Masud Alam son of Late MNd. Yasin resident of Village Dhobania P.O.Jokihat P.S.Jokihat Dist.Araria. 86.Bipin Kumar Yadav son of Late Nandlal Yadav, resident of Village Charasi P.O.Baturpari P.S.Tarabari Dist.Araria. 5 87.Dinesh kumar son of late Bhagwat Prasad Sharma, resident of Village katya P.O.barhari P.S.Bhawanipur Dist.Purnea. 88.Vijay Kumar Paswan son of late Dayalal Paswan, resident of Village Rajganj P.O.Nathpur P.S.Narpatganj Dist.Araria. 89.Bibhuti nath Jha son of late Gangadhar Jha, resident of Village Baradbutta P.O.Urlaha P.S.palasi Dist.Araria. 90.Umesh Jha son of late Raja nand Jha resident of Village Garhara P.O.Uriaha P.S.Palasi Dist.Araria. 91.Surendra Kumar son of Late Permanand Yadav, resident of village Biyarpur P.O. Routara P.S.Ranipara Mufasil Dist.Purnea. 92.Alik Bishwakarma son of late Jai prakash Sharma, resident of Village Argara Chowk P.O.Purnea P.S.Khazanchi Hat Dist.Purnea. Versus 1.THE STATE OF BIHAR 2.The Principal Secretary, human Resources Development Department, Government of Bihar, patna. 3.Director, Primary Education,Government of Bihar,Patna. 4.The Regional Deputy Director of Education, Purnea Division, Purnea. 5.The District Superintendent of Education, Purnea. 6.The District Superintendent of Education, katihar 7.The District Superintendent of Education,Araria 8.The District Superintendent of Education,Kishanganj 9.The Principal,Government of District Education and Training Institute, Sri Nagar, Purnea. 10.The Bihar School Examination Board through its Secretary, patna. 11.The Chairman, Bihar School Examination Board,Patna. 12.The Secretary, Bihar School Examination Board, Patna. ----------- 5 27.8.2009. Heard counsel for the petitioners, the State and the counsel appearing for the Bihar School Examination Board. A cryptic counter affidavit has been fled on behalf of Bihar School Examination Board. So far State of Bihar is concerned, even though time was allowed for filing counter affidavit, it has not been filed.Considering the harassment which the petitioners are facing on account of pendency of this writ application, it is being decided without any counter affidavit of the State. Simple prayer has been made by the petitioners in 6 this writ application for directing the respondent State to fix a date for their examination of teachers training as despite completion of their course, the examination is not being held by the respondent State and the Bihar School Examination Board. Petitioners are working as untrained teachers in different schools. The State Government has made provisions for untrained teachers to undertake teachers training course at different institutes run by the State Government. As per the Government’s resolution petitioners were undergone teachers training course at District Education Training Institute, Purnea which is a government institute. In support of this contention, a list of such institutions which are the government institution as per notification dated 5.5.93 of Human Resources Development Department, Government of Bihar, has been annexed as Annexure-6. Petitioners grievance is that they were the students of Sessions 2006-07 and also filled up their forms in the year 2007 but unfortunately due to negligence of the authorities of the school, their fees in the form of draft could not be submitted within the time specified for submitting it. For this negligent act of the school authority the petitioners could not appear in the examination held in the year 2007. Counsel for the petitioners has drawn my attention towards the press communiqué issued by the Bihar School Examination Board vide Advertisement no.17 of 2007 published in Dainik Jagaran dated 28.7.2007. By this communiqué general information has been issued that the persons who have undergone 7 teachers training subsequent to 1994 from recognized government institution/ non government teachers training college, whose examination forms could not be deposited within the specified time for the examination going to be held in 2007, for them examination will be conducted within six months from the date of advertisement. However, despite this press communiqué, till date no examination has been conducted and petitioners are waiting for appearing in the examination on account of non completion of their training course, they are being deprived of their status as trained teachers and also from the monetary benefits. In the counter affidavit filed on behalf of Bihar School Examination Board in paragraph-7, it has been stated that since the institute in question is not recognized under N.C.T.E. Act 1993 and as such specific order is required from the State Government, Department of Human Resources Development, for holding the examination of the aforementioned sessions of the students of the said college. It has also been stated that in this regard letter bearing no.83 dated 16.3.2009 has been sent to Director, Research and Training Human Resources Development Department, Bihar but there is no reply on behalf of the State no counter affidavit has not been filed, as such stand of the State is unknown. Considering Annexure-6 which is the list of government institutions, there is no doubt that the petitioners have undergone their training from an institute which is a recognized institute run by the government, as such the statement made in 8 parapgraph 7 of the counter affidavit filed by the Bihar School Examination Board has no much relevance. Accordingly this application is being allowed directing the Bihar School Examination Board and the Director, Primary Education, Government of Bihar, Patna to conduct teachers training examination for the petitioners as well as other similarly situated students who could not appear comes within the group of students as per the press communiqué published by the Bihar School Examination Board. The Bihar School Examination Board is directed to to conduct examination within three months from the date of receipt/production of a copy of this order. All necessary arrangements which is required under the law for holding examination must be completed within this period. The Director, Research and Training, Human Resources Development Department, Government of Bihar is also directed to take all required necessary steps, for holding examination and publication of results. Sss/- (Mridula Mishra, J)