IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2513 of 2010 PANKAJ KUMAR CHOUDHARY S/O SHRI PARICHAN CHOUDHARY R/O VILL +P.O.VISHNUPUR BATHUAA, PS.PUSA,DISTT-SAMASTIPUR … Petitioner Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR MADHYAMIK SHIKSHA GOVERNMENT OF BIHAR, PATNA 5. DEPUTY DIRECTOR MADHYAMIK SHIKSHA GOVERNMENT OF BIHAR, PATNA 6. DISTRICT EDUCATION OFFICER, SAMASTIPUR 7. DISTRICT EDUCATION OFFICER, MUZAFFARPUR … Respondents. ----------- 2. 15.2.2010 By this writ petition preferred under Article 226 of the Constitution of India the petitioner has sought for direction for consideration of his case to be appointed on the post of Hindi teacher under Bihar Zila Parishad Madhyamik and Ucchatar Madhymik Sikshak (Niyojan and Sewa Sarta) Sansodhan Neyamawali, 2006. We need not advert to any of the grounds urged as a Division Bench of this Court in the case of Acharya and Fazil Sangharsh Morcha & ors. vs. The State of Bihar & anor., reported in 2009(1) PLJR 515, has held thus: 2 Surendra/ “ 9. We may say without any hesitation that the Rules, 2006 meet the requirement of eligibility prescribed in the Regulations, 2001. It is pertinent to notice that by Rule 17 of the Rules, 2006, all rules then existing have been repealed. Obviously, in view thereof, neither circular of 1968, nor Rules, 1983 can be of any help to the petitioners. 10. As a matter of fact, there is nothing unreasonable in the Rules, 2006 that provide for the recruitment of oriental teachers that the candidates must have B.Ed. qualification either from a recognized institution prior to the coming into force of NCTE Act or after coming its force, a B.Ed. degree from the recognized institution thereuneder. In our view by not providing this eligibility would have been violative of the provisions contained in the NCTE Act and the regulations framed thereunder.” In view of the aforesaid, we are of the considered opinion that nothing remains to be adjudicated in this writ petition and accordingly, it stands dismissed in limine. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) 3