The court upheld the termination of petitioners as they failed to prove their qualifications from a recognized institution, violating no principles of natural justice.

JUDGMENT :

Anjani Kumar Sharan, J.

Heard the parties.

2. The present writ application has been filed on behalf of the petitioners for the following reliefs:-

(i) For quashing the order dated 07.08.2019 passed in

Appeal No.401/2017 and also consequential order contained in Memo No.471 dated 05.09.2013 issued under the signature of respondent no.6 and memo no.151 of 2013, dated 13.12.2013 issued by the respondent no.5 whereby and whereunder the petitioners were terminated from the post of Prakhand Teacher.

(ii) For directing the respondent authorities to reinstate the petitioners in service with all consequential monetary benefit as the certificates of the petitioners are valid.

(iii) For issuance of any other direction/order for which the petitioner shall be found entitled to under the facts and circumstances of the case.

3. Learned counsel for the petitioners submits that the case at length is that, an advertisement was published in the year 2008 for appointment of Block Physical Teacher and other posts. As per the said advertisement, certificate in Physical Education (C.P.Ed.) was requisite qualification. Since, the petitioners had passed physical education from Nav Bharat Shiksha Parishad (NSP) Orissa (India), therefore, they applied for appointment to the post of Block Physical Teacher. (Annexure-1 of the writ application).

4. Subsequently, the petitioners were appointed as they were fulfilling all the requisite qualification with better marks and after appointment they were posted at different schools under Saraiya Block. (Annexure-2 series of the writ application).

5. Petitioners were appointed in the year 2010 and posted in different Middle School and they were discharging duties with satisfaction of the concerned authorities. In the meantime, without giving any notice, the Block Development Officer, Saraiya issued letter contained in Memo No.471 dated 05.09.2013 by which the petitioners were terminated from service on pretext of one rejection order passed by the respondent no.2 in case of some others. (Annexure-3 of the writ application).

6. He further submits that the order of termination has been passed by the respondent no.6 without jurisdiction. The order has been passed merely on the basis of suspicion and on the pretext of some other candidates who were also claiming that they have passed examination from Nav Bharat Shiksha Parishad Orissa (NSP) and seeking appointment thereupon, the letter of the respondent no.2 was issued with respect to those employees vide memo no.617 dated 17.05.2013, in compliance of the order passed by this Court in C.W.J.C. No.14819 of 2012. (Annexure-4 of the writ application).

7. Vide order dated 20.09.2012, passed in C.W.J.C. No.14819 of 2012, this Court directed the respondent no.2 to examine the claim in view of direction of Authority. (Annexure5 of the writ application).

8. He further submits that respondent no.2, relying upon the order passed in L.P.A. No.921 of 2012 in which this Court had rejected the LPA observing that the petitioners failed to establish their case. (Annexure-6 of the writ application).

9. Petitioners filed an application against the order passed by the respondent no.6, before the District Appellate Authority, Muzaffarpur but the Authority (respondent no.5) vide order dated 13.12.2013 contained in Memo No.151/2012 rejected the claim of the petitioners only on suspicion and relying upon the order passed by respondent no.2 with respect to some others without holding any enquiry. (Annexure-7 of the writ application).

10. He further submits that petitioners filed CWJC NO.7365 of 2014 before this Court and after hearing the parties, the Court directed the petitioners to move before the State Appellate Authority, Patna within a period of 30 days and the same shall be disposed of within the statutory period. (Annexure-21 of the writ application).

11. As per the direction of the Court, petitioners filed appeal before the State Appellate Authority, Patna and State Appellate Authority, P