Prayer in this writ application is for quashing the Memo No. 933 dated 22.5.2008 (Annexure-10) issued by the respondent no. 4, whereby the petitioner’s services as a teacher in Shree Narbheram Hansraj Gujrati ME School, Jamshedpur which is a Linguistic Minority School, has been terminated. A further prayer is for a direction to the respondents to allow her all the consequential relief (s) including the arrears of salary with interest @ 18/% per annum which has not been paid to him since March 2007.

2. The sole ground for termination of the petitioner’s services is, that the teachers training certificate obtained by her from Sister Nivedita College, Kolkata, was not acceptable since, the said college has not been recognized by the Government of West Bengal.

3. The question raised by the petitioner in this writ application is, Whether appointment of the petitioner which was duly approved by the District Education Establishment Committee, Government of Bihar with effect from 29.1.1992 vide its order dated 17.6.1992, can be terminated retrospectively by applying the provisions of National Council for Teachers’ Education Act, 1993 which came into force with effect from 1.7.1995?

4. The facts of the case lie in a narrow compass:

The petitioner was appointed as a temporary teacher in the aforesaid school with effect from 1.2.1990. Her services were regularized by the school on 27.4.1990. Since the school being a Government Aided Linguistic Minority School, her services were duly approved by the Establishment Committee of the Government on 17.6.1992 in the Matric trained pay scale with effect from 29.1.1992.

The petitioner had obtained her teacher’s training certificate from Sister Nivedita College, Kolkata on 27.2.1990. The petitioner claimed that Sister Nivedita College, Kolkata is affiliated to the All India Education Society and is recognized by the Government of West Bengal.

Ever since the date of her appointment and the Government’s approval of her services in the Matric trained pay scale, the petitioner has been rendering her services in the school continuously and her salary and other benefits used to be paid by the State Government. However, since March 2007, her salary was stopped.

On 15.3.2008 vide Annexure-4, a show-cause notice was served on her by the Government Education Department, to explain as to why her services should not be terminated, on the ground that the certificate obtained by her from Sister Nivedita College, Kolkata is not valid and acceptable since the said institute is not duly recognized by the Government of West Bengal. In spite of her reply, she was served with a second show-cause notice on 9.5.2008.

A departmental proceeding was initiated against her. Against the order of initiation of the departmental proceeding, the petitioner filed the present writ application. During the pendency of this writ application, she was served with the impugned order dated 22.5.2008, whereby her services were terminated with retrospective effect.

5. Heard counsel for the petitioner and the counsel for the respondent State.

6. Assailing the impugned order, Mrs. A.R. Choudhary, learned counsel for the petitioner, would argue that at the time of obtaining her appointment in the school, the petitioner had disclosed all the particulars in respect of her educational qualification including the teachers training certificate obtained from Sister Nivedita College, Kolkata without any suppression or misrepresentation and after having accepted the certificate, she was given appointment in the school which was later approved by the Establishment Committee of the Government of Bihar with effect from 29.1.1992. It is further submitted that at the time of her appointment, there was no such Rule, which required that the teachers training certificate must be obtained from a Government recognized institution. Learned counsel argues further that the National Council for Teachers’ Education Act, 1993 came into force with effect fr