IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12902 of 2007 Kamal Dutta, son of Sri Jogesh Chandra Dutta, resident of D.D.C. Market, P.O. Thakurganj, P.S. Thakurganj, District Kishanganj … Petitioner Versus 1. The State Of Bihar through the Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2. The Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. District Magistrate, Kishanganj 4. Director (Research and Training) Human Resources Development Department, Govt. of Bihar, Patna 5. District Superintendent of Education cum Sub-divisional Education Officer, Kishanganj 6. Executive Officer cum Block Development Officer, Pothia, Kishanganj 7. Block Education Extension Officer, Pothia, Kishanganj … Respondents ---------------------------------- 2. 11.11.2011 Heard counsel for the parties. The prayer of the petitioner for issuance of appointment letter on the basis of that he is duly qualified for the post of Nagar Teacher has been seriously disputed by the respondents in the counter affidavit wherein it has been stated that recognition of degree and the certificate of Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh is still under consideration before the University Grant Commission. It has also been asserted in the counter affidavit that in the list of the institution notified by the State Govt. of Bihar the name of Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh has not been included as a recognized institution. In support of such statement the Govt. of Bihar letter no. 4306 dated 22.11.2007 has been enclosed. The aforesaid facts stated in the counter affidavit despite service of the same on the counsel for the petitioner on 4.7.2008 have not been controverted as yet. Consequently there 2 would be no difficulty in holding that issuance of appointment letter of the petitioner as a trained hand for appointment on the post of Nagar Shikshak is impermissible in view of eligibility condition of qualification laid down in the statutory Rules, Nagar Panchayat Shikshak Niyukti Rules, 2006. It, however, goes without saying that if in future the degree acquired by the petitioner from the said Institute Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh is recognized by the University Grant Commission and also included in the list of the State Govt. of Bihar as a recognized institution nothing said in the order would come in the way of the petitioner in claiming appointment on the post of Nagar Shikshak if and when a fresh exercise is made in this regard. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/