Disposed

Sanju Devi and Ors. v. The State Of Bihar and Ors.

Patna HC13 May 2014CWJC/4711/2014

Case brief

AI extract

What is this about?

Permits hearing a writ application seeking to continue appointment of assistant teachers as Assistant teachers in Kasturba Gandhi Balika Vidyalay (KGBV) until they acquire graduate qualification, though ultimately rejects the request on merits.

What did the court decide?

Application disposed; no direction to continue service issued; petitioners to be considered for fresh filling of post upon acquiring qualification.

Sanju Devi and Ors. Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4711 of 2014

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====================================================== 1. Sanju Devi, wife of Birendra Kumar Singh, resident of Village Ghyarbhada, Block Bochahan, Dist. Muzaffarpur.

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Kamani Devi @ Kamani Kumari, wife of Anil Kumar Jha, resident of Village + P.O. Ghoshrama, Panchayat Matlupur, Block Bandra, Dist. Muzaffarpur.

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Sunila Kumari, wife of Rambhu Rai, resident of Village + Panchayat Md.pur Mobarak (Angura Bangra), Block Kudhani, Dist. Muzaffarpur.

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Mamta Kumari, wife of Sanjay Sah, resident of Village + P.O. Janta, P.S. + Block Gaighat, Muzaffarpur.

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Pratima Kumari @ Pratima Devi, wife of late Birendra Kumar Thakur, resident of Village Kanta, Block Gaighat, Dist. Muzaffarpur.

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Sunita Devi, wife of Kapildeo Singh, resident of Village + Panchayat Sakari Saraiya, Block Kudhani, Dist. Muzaffarpur.

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Rina Devi, wife of Santosh Kumar Trivedi, resident of Village Chandauli, Block Bandra, Dist. Muzaffarpur.

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Sarita Kumari @ Sarita Devi, wife of Naresh Thakur, resident of Village + P.O. Chaumukh, Panchayat Devgan, Block Bochanha. .... .... Petitioner/s

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Versus

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1. The State of Bihar through the Principal Secretary, Primary Education Department, Govt. of Bihar, Patna.

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The Director, Bihar Education Project Council Sarva Shiksha Abhiyan, Education Department, Govt. of Bihar, Patna.

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The District Magistrate cum Chairman Bihar Education Project (BEP), Muzaffarpur.

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The Director of Bihar, Education Project Council, Beltron Bhawan, Shasti Nagar, Patna, Bihar.

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The District Education Officer, Muzaffarpur.

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District Programme Officer cum Secretary of Selection Committee, Bihar Education Project (BEP), Primary Education cum Sarva Shiksha Abhiyan, Muzaffarpur.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore, Adv. Mr. Ajit K. Singh, Adv. For the BEPC : Mr. Girijish Kr., Adv. For the Respondent/s : Mr. Santosh Kr.Jha, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 13-05-2014 Heard learned counsel for the parties as with regard to

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the prayer made in this writ application, relevant portion whereof reads as follows:

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"…. commanding the respondents authorities

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Patna High Court CWJC No.4711 of 2014 (2) dt.13-05-2014

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to consider the case of the petitioners by allowing them to continue to their respective posts as Assistant teacher in Kasturba Gandhi Balika Vidyalay (here after denoted as K.G.B.V) and further be given them proper time, so that the petitioners can enhance their educational qualification from I.A. to graduation and till then they should not be removed from their job and further for issuance of a writ in the nature of certiorari or an appropriate writ for staying the advertisement/paper notification dated 18/1/14 issued under the signature of D.P.O. Muzaffarpur (respondent no. 5) as contained in Annexure-6 of the writ petition, by which the basic qualification has been enhanced from intermediate to Graduation, though in earlier advertisement the basic qualification was intermediate by which the petitioners have been appointed and they are discharging their duty from more than three years to the satisfaction of their authority concerned and also to direct the respondent authority to enhance the age relaxation for such candidates who are in service or to give priority or waitage for the same.."

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Having regard to the fact that the petitioners intend to work in Kasturba Gandhi Balika Vidyalay and that they do not possess the requisite qualification of Graduation, they cannot expect to continue even by way of contract till they would attain the Graduation qualification. For teaching in Kasturba Gandhi Balika Vidyalay for up to Class-10, the requirement laid down by the authority of the Bihar Education Project of at least a teacher having Graduate qualification cannot be said to be either arbitrary or illegal. Merely because at one point of time the petitioners came

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Patna High Court CWJC No.4711 of 2014 (2) dt.13-05-2014

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to be engaged on the basis of their under-graduate qualification on contract basis will also give them no preemptory right to continue in service till they would attain the qualification of Graduation. Such contractual appointment, being limited by tenure, the petitioners cannot now get the tenure extended till they would attain the qualification of Graduation.

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In that view of the matter, while this Court would not be in a position to issue any direction in the case of the petitioners as prayed for in this writ application but would still make it clear that after the petitioners would acquire necessary qualification, their cases may be considered along with others, when the post is sought to be filled up in fresh exercise in accordance with law.

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With the aforementioned observations, this application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-

Sanju Devi and Ors. v. The State Of Bihar and Ors.

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Sanju Devi and Ors. v. The State Of Bihar and Ors.

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