Mushtaque Alam vs State of Bihar - 2023 Supreme(Pat) 771

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 771

MOHIT KUMAR SHAH
Mushtaque Alam – Appellant
Versus
State of Bihar – Respondent

Advocates appeared:
For the Petitioner: Mr. Sanjeev Kumar Singh.
For the Respondents: Mr. Jitendra Kumar Roy 1 -SC 13.

JUDGMENT :

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order of termination of the services of the petitioner dated 15.11.2018, passed by the District Education Officer, Gaya i.e. the respondent no. 5.

2. The brief facts of the case are that the petitioner was appointed by an order dated 31.01.2012, issued by the District Education Officer, Gaya as Assistant Teacher in Urdu Shamshabad (Imamganj) College, in compliance of the order passed by the Hon’ble Apex Court in Contempt Petition (Civil) no. 297 of 2017. It is the case of the petitioner that all of a sudden, by an order dated 15.11.2018, the District Education Officer, Gaya has terminated the services of the petitioner, without either seeking permission from the Hon’ble Apex Court or without initiating any regular departmental proceedings, on the pretext that the B.Ed. Degree being possessed by the petitioner has been obtained from Sogra College of Education, Biharsharif, Nalanda, a College which though is affiliated to the Magadh University, Bihar, Patna, however the same is not recognized by the State Government.

3. The learned counsel for the petitioner has referred to a judgment dated 28.08

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