IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15052 of 2006 MD.ALIYAWAR RAHAN son of late Zuber Ahmad, resident of village + P.O. Chutia P.S. Shambhuganj in the district of Banka. .... Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Human Resources Department, Government of Bihar, Patna. 3. The Deputy Secretary to the Government, Human Resources Department, Government of Bihar, Patna. 4. The District Compassionate Committee, through its Chairman, District Magistrate, Banka District Banka. 5. The Deputy Development commissioner, Banka, District Banka. 6. The District Education Superintendent Banka, District Banka. ... Respondents. ----------- 3. 30.03.2011 Heard learned counsel for the parties. The petitioner in this writ petition seeks a direction for his appointment on the post of untrained teacher by way of compassion and in this context he has placed reliance on a government letter no. 1078 dated 1st July 2006. Mr. Dinu Kumar, learned counsel for the petitioner would submit that if the government has taken a decision for appointment of untrained teacher, the respondent-Collector could not have deprived the petitioner from his being appointed on the post of teacher and therefore recommendation made by the 2 District Compassionate Appointment Committee for appointment of the petitioner on class IV posts is wholly arbitrary and illegal. Mr. Dinu Kumar, however, could not satisfy this Court that if the statutory rules prescribing appointment on the post of teachers itself envisage the qualification of being trained as a condition precedent for appointment on the post of teacher, how could the petitioner can be appointed on the post of a teacher on the basis of an executive instruction being contrary to the Statutory Rules. In fact this aspect of the matter has been subsequently clarified by the State Government itself that there could be no appointment on the post of teacher of such a person even on compassionate ground who does not possess the qualification of teachers training course. Additionally, this Court would find that the majority of the posts of teachers now have been placed under the control of Panchayat/Prakhand after the government has handed over the control and functioning of primary and middle schools to panchayat. In this regard the Government itself has framed statutory rules under proviso to Article 311 of 3 the Constitution laying down the modalities for appointment of teachers. Thus after coming into force of these 2006 Statutory rules, the petitioner cannot be appointed on the post of a teachers inasmuch the minimum qualification for such post of a teacher is not only being an Intermediate but also possessing the degree of two years in teachers training course. Thus this Court does not find any error in not recommending the case for his appointment on the post of teacher inasmuch as he is neither intermediate nor has acquired the qualification of completed teachers training course. At the same time, the respondents also cannot keep the case of the petitioner pending for appointment on compassionate ground even on a Class IV post to which he was found entitled in view of the recommendation made by the District Compassionate Appointment Committee. This aspect has been specifically asserted in paragraph 14 of the writ application and has not been controverted by respondent by filing any counter affidavit. Paragraph 14 of the writ petition reads as follows:- “14. That on 20th February 2006, the District Compassionate 4 Committee considered the case of the petitioner /applicant relating to the compassionate appointment and the case of the petitioner was also considered and the respondents concerned have been pleased to recommend the name of the petitioner for his appointment on class-Iv post only for the reason that the petitioner’s qualification was Matriculation only. The name of the petitioner stands at Sl. No. 22 in the proceeding dated 20th February 2006 which was communicated vide Letter/Decision dated 20th February 2006 of the District Magistrate, Banka to the Members of the District Compassionate Committee and the concerned department for necessary action.” As aforesaid statement of the petitioner has not been controverted and the petitioner was also over enthusiastic for his appointment only on the post of teacher, if the petitioner till date has not been appointed on the post of peon or any other Class-IV post as recommended by District Compassionate Appointment Committee in the meeting held on 20.2.2006, his case must he considered for such appointment within a period of three months from the date of receipt/production of a copy of this order provided the petitioner gives himself in writing to the Collector of the District for his appointment on any Class IV posts. 5 With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)