Disposed

Manish Kumar v. The State Of Bihar and Ors.

Patna HC30 Oct 2018CWJC/21617/2014

Case brief

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What is this about?

Court disposed of a writ petition challenging non-recognition of petitioner's teachers training degree. Held that if the NCTE recognized the institution for regular courses (which it was since 2001), the degree is valid for appointment. Respondents directed to decide within four months and complete appointment process within two more months.

What did the court decide?

Direction to respondents to decide on petitioner's claim within four months and complete appointment process within two further months after recognition of degree.

Manish Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21617 of 2014

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====================================================== Manish Kumar Son of Ajay Kumar Pandey Resident of Village - Gamhhariya, Police Station - Obra, District – Aurangabad. ... ... Petitioner/s Versus

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The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

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The District Education Officer, Aurangabad, Bihar

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The District Programme Officer, Aurangabad, Bihar.

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The Block Development Officer, Nabinagar, District - Aurangabad, Bihar.

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The Secretary Prakhand Teacher Selection, Committee Aurangabad, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Respondent/s : Mr. Prabhat Raja, AC to GP-6 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

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Date : 30-10-2018

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Heard learned counsel for the petitioner and learned

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counsel appearing on behalf of the State.

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This matter is pending for last four years involving the issue, whether the institution from which the petitioner has obtained degree of teachers training is recognized or not.

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The respondents have taken stand that the institution in question is not a recognized institution and the degree obtained by the petitioner from that institution is not valid for appointment.

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In the rejoinder affidavit statement has been made on behalf of the petitioner enclosing document to substantiate that the controversy with regard to recognization is only in case of distant education. The petitioner has undergone training in regular course which is recognized by NCTE since 2001. The petitioner has obtained the teachers training during the currency of the recognization of the institution.

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Patna High Court CWJC No.21617 of 2014 dt.30-10-2018 2/2

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In view of the above, the writ petition is disposed of with a direction to the respondents to take appropriate decision in connection with the claim of the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order. If the institution is recognized by NCTE, the respondent-State authorities cannot refuse to recognize the degree of the petitioner as valid and deny the consequential benefits as trained candidate. Necessary decision in this regard must be taken within the time frame as indicated above.

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After the decision of the District Programme Officer, Aurangabad in the matter of recognization of teachers training, the petitioner would be entitled to consequential benefits in the matter of appointment as Prakhand Teacher. Follow up in the matter of appointment as Prakhand Teacher must be taken by the respondents within a further period of two months from the date of recognization of the degree of the petitioner.

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With the aforesaid, the writ petition is disposed of.

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(Anil Kumar Upadhyay, J)

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spandey/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	31.10.2018
Transmission Date

Manish Kumar v. The State Of Bihar and Ors.

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Manish Kumar v. The State Of Bihar and Ors.

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