Disposed

Bishnu Deo Thakur v. The State Of Bihar and Ors.

Patna HC5 May 2014CWJC/2541/2014

Case brief

AI extract

What is this about?

The writ applicant sought appointment as an Assistant Teacher and the quashing of a seniority list where his name was marked as passed from a fake institution. The court observed that the advertisement required submission of an original certificate. The petitioner had produced a 2012 certificate but failed to submit it during the 2010 application process, rendering the case ineligible for a positi

What did the court decide?

Application disposed; petitioner directed to satisfy authorities regarding fulfillment of terms upon producing required original certificate.

Bishnu Deo Thakur 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.2541 of 2014

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====================================================== Bishnu Deo Thakur, Son of Sri Dashrath Thakur, resident of village- Nadhi, P.S.- Madhepura, District- Madhepura .... .... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary, Department of Human Resources Development, Bihar Patna 3. The Director, Research and Training, Human Resources Development, Bihar Patna 4. Bihar Staff Selection Commission, P.O.- Veterinary College Campus, Patna- 14, Through Its Chairman 5. The Secretary, Bihar Staff Selection Commission, Veterinary College Campus, Patna- 14 6. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar 7. The Director, Eastern Region Committee, National Council for Teacher Education, 15 Neelkanth Nagar, Nayapalli, Bhubneshwar (Orissa) 8. The Principal, Muslim Minority, Ahmadiya B.Ed. College, Millat Nagar Rampara, Katihar (Bihar) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogendra Kumar, Advocate. For the State : Mr. S.A.Alam, S.C. 3. For the SSC : S.S.Sundaram, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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5 05-05-2014 Heard learned counsel for the parties.

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The petitioner in this writ application has prayed for the following relief:

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“(A) To take necessary action in appointing the petitioner against 2413 balance vacant post of Assistant Teachers of elementary schools in pursuance of advertisement no. 210 of 2010 issued by Bihar Staff Selection Commission in compliance of order Hon’ble Supreme Court in this regard.

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Patna High Court CWJC No.2541 of 2014 (5) dt.05-05-2014

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(B) A certiorari setting aside the IIIrd seniority list of elementary teachers published by the respondent Bihar Staff Selection Commission, wherein name of the petitioner figured at Sl. No. 97755 shown as passed from fake institution though other similarly situated candidates, who have also passed in the same session from the same institution, have been appointed on the post of Assistant Teachers, moreover in the earlier list no such remarks was given to petitioner’s institution i.e. Muslim Minority Ahmadiya B.Ed. College Rampara Katihar (Bihar).”

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Learned counsel for the petitioner submits that when others passing Teachers Training Examination from Muslim Minority Ahmadiya B.Ed. College, Millatnagar, Rampara, Katihar were empanelled and appointed, the exclusion of the petitioner for being considered for appointment was wholly unreasonable.

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Learned counsel for the State, on the other hand, has submitted that since the petitioner did not submit the original certificate as was the requirement of the advertisement, his name could not be included in the final panel prepared under the supervision of the Apex Court.

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In the considered opinion of this Court it was one of the requirements of the Advertisement No. 210 of 2010 that every candidate will have to support his candidature in respect of his qualification of a certificate. The petitioner claims that he had

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Patna High Court CWJC No.2541 of 2014 (5) dt.05-05-2014

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passed the teachers training examination in the year 1990-91 session from Muslim Minority Ahmadiya B.Ed. College, Millat Nagar Rampara, Katihar (Bihar) which was a valid qualification. He has also claimed that others of the same institution have already been appointed.

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Mr. S.A.Alam, Learned S.C.-3, does not dispute this issue but he points out that the certificates which have been issued in respect of the aforesaid institution up to 19.05.2000, have only been held to be valid whereas the petitioner, in the writ application, has produced his certificate of B.Ed. issued on 05.04.2012. According to him, this certificate was not filed by the petitioner at that time along with his application for which the last closing date was 19.07.2010.

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In view of the above, it would be difficult for this Court to issue any positive direction for considering the case of the petitioner, as the petitioner did not submit the requisite certificate at the time of filing of his application, he has to be held to be ineligible.

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Learned counsel for the petitioner, however, explains that as the examining body had not issued the original certificate and the petitioner was only given the provisional certificate, the petitioner had submitted provisional certificate.

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Patna High Court CWJC No.2541 of 2014 (5) dt.05-05-2014

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The authenticity of the provisional certificate can also not be even gone into by this Court in absence of the same being produced before this Court. In such a situation, all that can be observed in favour of the petitioner is that if he satisfies the authorities that he had fulfilled all the terms and conditions of the advertisement including those relating to qualification and reservation, his case may also be considered strictly in accordance with law.

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With the aforesaid observation and direction, this writ application is disposed of.

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(Mihir Kumar Jha, J)

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Sujit/-

Bishnu Deo Thakur v. The State Of Bihar and Ors.

Case brief

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Bishnu Deo Thakur v. The State Of Bihar and Ors.

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