Allowed

Pushpa Kumari v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Jharkhand HC4 Jan 2023WPC/1377/2019

Case brief

AI extract

What is this about?

Single Judge allowed a writ petition against the termination of service of a teacher on the ground that her degree from Hindi Vidyapeeth Deoghar was invalid. Relying on a Division Bench ruling that degrees from that institution issued prior to 26.2.2015 are valid, the Court quashed the termination and ordered reinstatement.

What did the court decide?

The impugned order terminating the service was quashed and set aside; the petitioner was directed to be reinstated.

Pushpa Kumari Vs the State of Jharkhand through… — Education and Admissions | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P(S) No. 1377 of 2019

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Pushpa Kumari …. …. Petitioner(s).

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Versus

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State of Jharkhand 2. District Superintendent of Education, Ranchi 3. Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi …. …. Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate For the State : Mr. Karan Shah Deo, AC to SC-II

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6/4.01.2023

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Heard the parties.

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Counsel for the petitioner submits only on the basis that she has obtained degree from Hindi Vidyapeeth, Deoghar, appointment of the petitioner has been cancelled.

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Counsel appearing on behalf of the respondent submits that petitioner had applied for the post of Intermediate trained teacher. Thought the petitioner had necessary requisite qualification, her graduation degree was from Hindi Vidyapeeth, Deoghar, which was declared to be invalid, thus the respondents had taken a decision to terminate the petitioner from service.

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The facts lies in a very narrow compass. The petitioner was appointed as a teacher. Admittedly, she is a graduate from Hindi Vidyapeeth, Deoghar and after her appointment she worked for three years. Her service was terminated on the ground that the degree which she obtained from Hindi Vidyapeeth, Deoghar, was treated to be null and void.

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The issue, as to whether the degree issued by Hindi Vidyapeeth, Deoghar is valid or not, has been set at rest by Division Bench of this Court in the case of Vijoy Kumar vs State of Jharkhand & Others reported in 2022 (4) JBCJ 1 (HC) . In paragraph 23 of the aforesaid judgment the Division Bench has held as under

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“23. The degree issued by Hindi Vidyapith, Deoghar are held to be valid up to 26.2.2015.

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It is clarified that no benefit is to be given on the basis of degrees issued by the institution in question, Hindi Vidyapith, Deoghar, after 26.2.2015.”

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-2-

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From the aforesaid judgment, it is clear that degrees which were issued up to 26.2.2015 by Hindi Vidyapeeth, Deoghar are valid. Admittedly the degree of the petitioner was issued prior to 26.2.2015, thus her graduation degree is valid. Once the Division Bench has held that graduation degree issued by Hindi Vidyapeeth, Deoghar prior to 26.2.2015 is valid, the respondents cannot conclude that the graduation degree of the petitioner obtained from Hindi Vidyapeeth, Deoghar is invalid.

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It is admitted case of both the parties that the petitioner has sufficient requisite qualification to be appointed as a Teacher. The only dispute was whether the degree issued by Hindi Vidyapeeth, Deoghar is valid or not. Since it has been held that the degree of this petitioner which was issued prior to 26.2.2015 is valid, the impugned order terminating the service of the petitioner, is bad and is quashed and set aside. The respondents are directed to reinstate the petitioner. There will be continuity of service of the petitioner, and the period which she was out of service will be counted for all benefits.

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Accordingly, the instant writ application stands allowed.

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(ANANDA SEN , J)

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anjali/cp2

Pushpa Kumari v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Pushpa Kumari v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

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