IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14935 of 2010
1. NISHA RANJANI D/O SHRI GUNAKAR SHUKLA R/O VILL BHITAHA
NIZAMAT, P.S.BAIRIYA, DISTT-WEST CHAMPARAN, BETTIAH--------
-------------------------------------------PETITIONER
Versus
1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY,
H.R.D.DEPARTMENT PATNA, BIHAR
2. THE CHAIRMAN, ZILA PARISHAD WEST CHAMPARAN, BETTIAH
3. THE DISTRICT DEVELOPMENT COMMISSIONER WEST CHAMPARAN,
BETTIAH
4. THE DISTRICT EDUCATION OFFICER-CUM-SECRETARY, SELECTION
COMMITTEE (ZILA PARISHAD MADHYAMIK AN UCHCH MADHYAMIK
SIKSHAK NIYOJAN) WEST CHAMPARAN, BETTIAH
5. MEMBER, SELECTION COMMITTEE WEST CHAMPARAN, BETTIAH
6. THE DISTRICT MAGISTRATE BETTIAH----------RESPONDENTS
-----------
For the Petitioner: M/s Shayama Pd. Mukherjee, Sr.Advocate
For the Zila Parishad: Mr. Nekesh Kumar Advocate
For the State: Mr. Lala S.N.Rai, AC to GP-6.
———–
2 26.4.2011 Heard learned Senior counsel for the petitioner and
learned counsel for the State.
Annexure-11 which is the order passed by District
Teachers Employment Appellate Authority, West Champaran is
under challenge in the present writ application. By virtue of which
the appointment of the petitioner on the post of teacher in the Zila
Parishad School has been rejected on the ground that the petitioner
does not have the requisite degree of matriculation which is
recognized by the State of Bihar.
Petitioner is supposed to have acquired Adhikari
degree which is said to be equivalent to matric from Gurukul
Kangari, Vishwavidyalaya, Haridwar. The reasoning is sought to
be assailed by learned Senior counsel because according to him
she is claiming for appointment to a higher school and not in
primary school. The relevant notification contained in annexure-7
dated 27.8.2008 indicates that Vidyalanka and Vedalankar (B.A.)
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and Vidyawachspati (M.A.) are two degrees which are not
recognizable for such appointment. Since the petitioner is not
claiming appointment on the basis of any of these two degrees
obtained by her from Gurukul Kangari, therefore she cannot be
denied the benefit of appointment.
Petitioner has herself brought on record annexure-
7/A. This is also a notification in which the list of non-recognized
institutions has been notified by the Department of Human
Resources Development. This notification is dated 25.8.2008. In
this notification the name of the institution i.e. Gurukul Kangari
figures and it talks about two degrees which are Adhikari (Matric)
and Vidyavinit (Intermediate).
Submission of learned Senior counsel is that this
notification would apply to primary teachers and would not apply
to higher secondary teachers.
The fallacy of such a submission is evident from
the record itself that if a person is not eligible to be appointed on
the post of primary teacher based on matriculation certificate
obtained from Gurukul Kangari Vishwavidalaya, wherefrom the
petitioner has acquired matriculation certificate and if she has
obtained higher degree from other institution then that by itself
does not take away the basic infirmity in the decision with regard
to her degree because the petitioner obviously has drawn
advantage of higher degree without the authorities knowing as to
the true status of matriculation certificate.
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The State of Bihar notified two notifications and
has made it clear that none of the degrees which may be equivalent
to Matriculation, Intermediate, Graduation or M.A. are acceptable
degrees if obtained from the so called institution what is known as
Gurukul Kangari for appointment on the post of teacher in the
State of Bihar at primary level or secondary level. In the above
stated circumstances the appellate authority has done no wrong in
refusing the petitioner appointment to the post.
This writ application has no merit and it is
dismissed.
RPS (Ajay Kumar Tripathi,J.)