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2024 Supreme(Pat) 827

IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M. PANCHOLI and RAMESH CHAND MALVIYA, JJ.
LPA No.190 of 2021 in Civil Review No.205 of 2019
(26.9.2024)
Priya Ranjan ... Appellant
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Appellant : M/s Siddharth Harsh, Rahul Singh.
For the Respondents: AC to AAG-15..

Headnote:

School Laws – Appointment – Post of Assistant Teacher – Claim of petitioner rejected on the ground that petitioner was untrained and degree of Teachers Training produced by petitioner being unrecognized, his case cannot be considered – Cases where certificates were issued by College, before NCTE Act, 1993 came into effect on 01.07.1995, shall be considered to be good and valid qualification – Impugned orders set aside – Appellant/original petitioner shall be entitled to all benefits accruing to him from service rendered as Assistant Teacher – Respondents hereby directed to pay all consequential benefits, including arrears of salary, to appellant/original petitioner within a period of three months – Letters Patent Appeal allowed. (Paras 6.2 to 7.3)

Vipul M. Pancholi, J.—The present appeal has been filed under Clause 10, Appendix-E of the Letters Patent Appeal of the Patna High Court Rules against the order dated 04.03.2020 passed by the learned Single Judge in Civil Review No. 205 of 2019, whereby the learned Single Judge has dismissed the review application filed by the appellant. The appellant has also challenged the order dated 14.09.2018 passed by the learned Single Judge in CWJC No. 17064 of 2011, whereby the learned Single Judge has dismissed the writ application filed by the appellant.

2. Heard Mr. Siddharth Harsh, learned counsel for the appellant and learned Assistant Counsel to AAG-15 for the respondents.

3. The brief facts leading to filing of the present appeal are as under:—

3.1. The present appellant/original writ petitioner preferred CWJC No. 17064 of 2011, wherein the petitioner has stated that he was appointed on vacant post on 27.04.1987 as Assistant Teacher (Biology) in Chaudhary Ram Prasad Sharma Project Girls High School, Pandarak, Patna, by the Managing Committee of the aforesaid school. He was possessing the degree of B.Sc. and thereafter he acquired Senior Teachers Training Degree from the reputed Sister Nivedita College, Calcutta, in 1993, which was recognized by the employer school as well. It has further been stated that the aforesaid school was one of such girls high schools, which were selected under the Establishment Scheme of Project High Schools in the year 1984-85. It is stated that the Government, for the purposes of selecting such schools and their eligible staffs, appointed a three-men committee on 23.02.1985. The said Committee submitted its report and recommended the names of teaching/non-teaching staffs for selection in Government service in which the name of the petitioner was included. Thereafter, the concerned Department of the Government of Bihar issued guidelines to the Director, Secondary Education, with regard to appointment of teachers of such schools which were established under public support and were selected under the project scheme of 1984-85 in Government service and payment of their salary vide letter No. 142 dated 04.02.1989.

3.2. The petitioner has also stated that Project High Schools Teachers Association preferred writ application before this Court and the matter travelled up to the Hon’ble Supreme Court. The Hon’ble Supreme Court vide order dated 03.01.2006 directed the State Government to constitute another three-men committee. Accordingly, the Government constituted the Committee which issued certain norms for its decision. The detailed eligibility criteria for appointment as Government Teacher were suggested. It is the case of the petitioner that he fulfilled all eligibility criteria fixed by the subsequent three-men committee.

3.3. It is the grievance of the petitioner that the three-men committee submitted its report dated 12.02.2007, wherein the school in which the petitioner is working found place. However, the case of the petitioner was rejected with a remark that his B.Ed. Degree is not recognized. Petitioner, therefore, challenged the said decision by filing the proceeding before the Director, Secondary Education. The claim of the petitioner was rejected by the said authority vide office order dated 05.04.2010 on the ground that the petitioner being untrained and the degree of Teachers Training produced by the petitioner being unrecognized, his case cannot be considered. The petitioner preferred appeal before the Principal Secretary, Human Resources Development Department, Patna. The said authority also rejected the appeal preferred by the petitioner vide order dated 04.05.2011.

3.4. The petitioner, therefore, filed the captioned writ application and challenged the aforesaid orders passed by the concerned authorities.

3.5. The learned Single Judge rejected the writ application filed by the petitioner vide order dated 14.09.2018. Thereafter, the same learned Single Judge passed an order dated 19.11.2018 in CWJC

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