Disposed

Shaista Tarannum v. The State Of Bihar and Ors.

Patna HC16 May 2014CWJC/22993/2013

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition disputing the exclusion of a petitioner's teaching qualification from a previously cancelled institution. Upon learning recognition was restored by NCTE, the Court held the petitioner is fit for consideration for Urdu teacher posts and disposed of the application by directing the Department to consider her case. No specific substantive relief was strict

What did the court decide?

The writ application is disposed of by directing the respondents to consider the petitioner's case for remaining vacancies of Urdu teachers subject to general directions given in C.W.J.C. No. 17899/20

Shaista Tarannum Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22993 of 2013

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====================================================== Shaista Tarannum, daughter of Md. Saud Alam, resident of village - Chakiya, Police Station - Ara (Mufassil), District - Bhojpur At Ara .... .... Petitioner/s Versus 1. The State of Bihar 2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna 3. The Principal Secretary, Education Department, Government of Bihar, New Secretariat (Bikas Bhawan), Patna 4. The Director, Primary Education, Education Department, Government Of Bihar, New Secretariat (Bikas Bhawan), Patna 5. The Deputy Director, Primary Education Department, Government Of Bihar, New Secretariat (Bikas Bhawan), Patna 6. The District Education Officer, Ara 7. The District Education Officer, Ara 8. The Bihar Staff Selection Commission, Veterinary College, Patna - 800014 Through Secretary 9. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna - 800014 10. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna - 800014 .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Kumar, Advocate. For the State : Mr. S.A.Alam, SC-III For the SSC : Mr. S.S.Sundaram, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT (Date: 16.5.2014)

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Heard learned counsel for the parties.

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When the petitioner had filed her application, pursuant to an advertisement No. 210 of 2010 for filling up of 34540 posts of teachers in the panel that was prepared under the supervision of the Apex Court, the name of the petitioner was excluded with a remark that her teachers training qualification

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Patna High Court CWJC No.22993 of 2013 (6) dt.16-05-2014

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from Islamia Primary Teachers Education College, Phulwarisharif, Patna was not admissible inasmuch as the said institution was a fake institution.

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Today, Mr. S.A.Alam, learned counsel appearing on behalf of the State, having filed counter affidavit, has explained that there were certain confusion arising out of cancellation of the recognition of the institution under the order of the N.C.T.E. but as latter on such institution had been restored recognition, the State Government has decided to treat the case of the petitioner to have the qualification of teachers training. To that extent, paragraph no. 6 of the counter affidavit would be relevant and is quoted herein below:

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"6. That so far the issue recognition and validity of academic session of Islamia Teacher Training College, Phulwarisharif, Patna is concerned, the same has been examined by the Director, Research and Training Education Department and as per the report sent vide letter no. 233 dated 24.4.2014, the said institution had been given recognition by NCTE Bhubaneshwar vide order no. 803 dated 4.4.2000 but the recognition was later cancelled vide order no. 1325 dated 08.05.2001. Further, it was through letter no. 2171 dated 20.07.2004 that the order contained in letter dated 4.4.2000 had been extended and the students of 2000-20014 sessions had been allowed to complete their two years course and the examination conducting body had been directed to hold its examination. Thus Islamia Teacher Training College, Phulwarisharif, Patna had the recognition of NCTE for the Session 2000-2002".

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In support of the aforementioned submission, the

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respondents have also enclosed the communication of the N.C.T.E dated 08.05.2001 and 20.07.2004.

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In view of the above, it now becomes clear that the case of the petitioner is fit to be considered as against the remaining vacancies of Urdu teacher out of 2413, in terms of the order of the Apex Court dated 18.07.2013 subject to the petitioner qualifies otherwise in her category on the basis of her seniority position to be drawn in terms of the advertisement and the rules.

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This writ application is, therefore, also disposed of in terms of the general directions given in the order dated 15.1.2014 in C.W.J.C.No. 17899/2012 (Kanti Kumari v. the State of Bihar & ors.), relevant portion whereof reads as follows:

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(i) For filling up 2413 posts, a Committee consisting of Director, Primary Education and Secretary to the Bihar Staff Selection Commission shall take any decision with the approval of Principal Secretary of Education Department. In case of difference of opinion between the two functionaries, namely, Director, Primary Education and Secretary to the Bihar Staff Selection Commission, the decision taken by the Principal Secretary of the Education Department shall be final. (ii) The Committee shall first issue notice in the newspaper for appearance of the 1929 candidates for counseling as per paragraph no. 7(a) of the counter affidavit filed in this case as has also been extracted earlier in paragraph no.28 of this judgment. Such counseling of 1929 candidates must be completed within a maximum period of three months and letter of appointment to the eligible candidates having prescribed qualification and fulfiling other eligibility conditions must be issued within one month of the date of completing the counselling.

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(iii) The cases of 366 candidates again reflected in paragraph no. 7(c) of the counter affidavit shown to be pending also must be decided one way or the other within the same period of three months and those

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found eligible should also be given letter of appointment in next one month. (iv) In the likewise manner, the Committee also must re-consider the case of 118 candidates not earlier found fit for appointment as again explained in paragraph no.7(b) of the counter affidavit and take a final decision in respect of them within the same period of three months and those found eligible among them should also be given letter of their appointment in next one month.

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(v) Depending on the result of such exercise of fresh consideration of the cases of aforesaid 2413 candidats who were either absent during counseling or whose cases for appointment was kept pending or whose cases earlier was not found fit for appointment as explained in paragraph no.7 of the counter affidavit and upon issuance of appointment letters to those found eligible, they shall be given one month’s time for joining their post from their date of issuance of their appointment letter inserting a clause that if they do not join their post within the prescribed period, they shall forfeit their claim for appointment against 2413 posts for once and ever.

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(vi) The Committee on expiry of the period of one month for joining of the eligible appointment from amongst aforesaid 2413 candidates shall obtain a district wise report of their joining in next one month and reascertain the position of left over vacancy on 2413 posts.

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(vii) The Committee having taken the aforesaid steps and completed the exercise for considering the 2413 posts and on being reported the number of actual number candidates who had ultimately submitted their joining will re-ascertain the number of vacant posts in the respective subject category and would publish them in the newspaper as also on its official website inviting claims in a prescribed format from the left over candidates whose applications were received in time by the Commission and had formed part of 123149 of the total applications received as shown in the report of Hon'ble Justice S.K. Chattopadhyay the Special Officer submitted to Apex Court. (viii) This inviting of claim must be done by the Committee within three months of issuance of last

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appointment letter to the category of 2413 candidates giving a clear one month time to remaining candidates to submit their respective claim in writing in a prescribed format only by registered/ speed post. In no case any claim shall be entertained by receipt through hand in the department/commission.

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(ix) The Committee only in exceptional cases and that too for reasons recorded in writing shall make any change in the seniority position in final panel of 94205 candidates as approved by the Apex Court on 13.10.2011 confining itself to make such correction in cases of clear clerical error or error of record or any other allied compelling reason. It is made clear that for such appointment only on the remaining vacancy after considering the cases of pending 2413 candidates, the revised merit list will be prepared not only in accordance with the terms and conditions set out in 2010 Rules and the advertisement but also in keeping with the statement made by the Respondents in paragraph no. 9(a) and 9(b) of the counter affidavit as also in the light of findings recorded in paragraphs 35 to 81 of this judgment.

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(x) Such tentative revised merit list for the left over vacancies for each of the three subject teacher of general/ Urdu/Physical Training after considering the claims shall be published in newspaper and official website of the Education inviting objection and thereafter on considering such objection the revised merit list shall be finalized and made public both in newspaper and official website. This entire exercise however must be completed by the Committee within six months of publication of notice inviting the initial claim from the candidates.

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(xi) It is from this revised panel for the limited number of vacancy left out after consideration of 2413 pending cases in the manner indicated above, that steps for appointment for left over vacancy will be completed within two months of publication of the final panel. In no event, such appointments however shall be made beyond the number of post for each subject category which is 2007 for the general subject, 372 for Urdu teacher and 34 for Physical Trained Teacher as clearly stated before the Apex Court and this Court in the status report dated 30.08.2012 and the counter affidavit

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respectively.
(Mihir Kumar Jha, J)
Sujit/-

Shaista Tarannum v. The State Of Bihar and Ors.

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Shaista Tarannum v. The State Of Bihar and Ors.

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