IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2629 of 2010
1 MD.REYAZUL HODA RAHMANI S/O MD. NURUL HODA, R/0 VILLAGE-
MAZANPUR GANGARI
2. ADITYA PRAKASH S/O NAWAL KISHORE SINGH R/O VILLAGE-PIROI,
BOTH OF P.S. GORAUL, DISTRICT-VAISHALI........ PETITIONERS.
Versus
1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-
SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF
BIHAR, PATNA.
2. THE DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR.
3. THEDISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI AT
HAJIPUR.
4. THE BLOCK DEVELOPMENT OFFICER, GORANI.
5. THE BLOCK EDUCATION EXTENSION OFFICER, GORAUL, BOTH
AT P.O. &P.S. GORAUL, DISTRICT-VAISHALI.
6. THE MUKHIA, THE GRAM PANCHAYAT RAJ BAKSAMA AT & P.O.
BAKSAMA, P.S. GORAUL, DISTRICT- VAISHALI.
7. THE PANCHAYAT SECRETARY, THE GRAM PANCHAYAT RAJ
BAKSAMA AT & P.O. BAKSAMA, P.S.-GORAUL DISTRICT-
VAISHALI.........RESPONDENTS.
-----------
02 07.12.2010 Despite what has been recorded by the Panchayat Secretary
in his communication contained inAnnexure-6, the sum essence is that it
is only a show cause issued to the petitioners asking them as to why
their appointment should not be declared illegal, in the circumstances
that the so-called B.Ed degrees produced by them were not legal and
valid.
Learned counsel for the petitioners has brought to my notice
the decision rendered in the case of Md. Aslam and others which is
C.W.J.C. No. 2323 of 2009 and the date of the order is 03.07.2009. In
similar circumstances a single bench allowed the writ application
holding that degrees issued by the college prior to the year 1993 was
valid, provided the examination was conducted and the degrees were
issued prior to that date. That position has already been maintained by a
decision rendered in L.P.A. which is L.P.A. No. 1406 of 2009 decided
2
on 23.04.2010.
Taking note of these decisions, the writ application is
disposed of with liberty to the petitioners that they will file their show
cause with copies of the two orders along with their show cause and a
copy of this order passed by this Court today. All these facts will be
taken into consideration by the Panchayat Secretary before any final
order is rendered by him. It is being recorded that the two orders
brought to the notice of this Court by the petitioners have relevance to
the issue raised by them in the writ application and merits consideration
by the Panchayat Secretary in adjudication of the issue raised by the
petitioners. The Court expects that the decision will be taken within
three months from the date of filing of the show cause by the petitioners
before the Panchayat Secretary.
This writ application is disposed of with the above direction.
Shahzad ( Ajay Kumar Tripathi, J.)