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2005 Supreme(Pat) 35

CHANDRAMAULI KR.PRASAD
Sanjay Kumar Mahto – Appellant
Versus
State Of Bihar – Respondent


Judgment

Chandramauli Kumar Prasad, J.

1. In both the writ applications, common questions of law and fact arise and as such, they are being disposed of by this common order.

2. In both the writ applications, prayer of the petitioners is to quash the orders whereby the Matric Trained Scale granted to them has been rescinded and excess remuneration paid thereof, has been directed to be recovered.

3. Facts lie in a narrow compass. Petitioners were granted Matric Trained Scale on the basis of B. Ed. degree obtained from Millia Fakhruddin Ali Ahamad Teachers Training (B. Ed.) College, Rambagh, Purnea, hereinafter referred to as the College, it is not in dispute that the petitioners passed the B. Ed. examination from the said College when it was duly recognised but its recognition has been withdrawn with retrospective effect. As the recognition of the College from where the petitioners had passed the B.Ed. examination, has been withdrawn with retrospective effect by the impugned order, the order granting Matric Trained Scale has been rescinded and excess payment made to the petitioners on account thereof has been directed to be recovered.

4. Dr. Uma Shankar Prasad and Mr. Y.V. Giri, Senio






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