Judgment 1. The petitioner, Ramdeo Kumar Arya, has challenged the order dated 23rd July, 1996, as contained in Annexure-1, whereby and whereunder, the claim of petitioner for recognition of his service, on take over of the school has been rejected on the ground that he was not a trained Graduate on the date of take over and the qualification of Shiksha Bisharad is not equivalent to Graduate trained. 2. The brief facts of the case show that the petitioner was appointed as Assistant Teacher on 2nd November, 1981 by the then Managing Committee of Shri Khedan Badri Chaurasia High School, Gochhari, Jamalpur in the district of Khagaria. The school was taken over on 21st February, 1983. On such take over, while services of four teachers were taken over, vide Notification dated 8th October, 1993, no order was passed in respect of petitioner and another. In spite of petitioners request, he having not recognised as an Assistant Teacher, had to move before this Court in C.W.J.C. No. 2404 of 1985 with prayer to trust him as an Assistant Teacher. The said case was filed along with one Sheromani Mandal, who claimed to be Night-guard for approval of his service. 3. This Court taking into consideration the stand taken by parties, vide its order and judgment dated 6th January, 1995, while rejected the claim of the other persons, remitted the matter to the Respondents to consider the case of petitioner Ramdeo Kumar Arya for recognition of his service. The Court further observed that if the Shiksha Bisharad is not treated to be equivalent to B.Ed., in that event, it has directed to consider the alternative plea that similarly situated person like Shri Diwaker Prasad Dileri was taken under the services of the State, so at least the services of the petitioner should have been taken over as an Untrained Teacher, as done in other cases. 4. On such remand, the Respondents again rejected his claim, vide impugned order dated 23rd July, 1996 and consequential order dated 11th February, 1997 (Annexure-1 & 1/4), on the plea that the petitioner was not a trained Graduate on the date of take over and the qualification of Shiksha Bisharad is not equivalent to B.Ed. 5. 4. On such remand, the Respondents again rejected his claim, vide impugned order dated 23rd July, 1996 and consequential order dated 11th February, 1997 (Annexure-1 & 1/4), on the plea that the petitioner was not a trained Graduate on the date of take over and the qualification of Shiksha Bisharad is not equivalent to B.Ed. 5. From the stand taken by the Respondents in the impugned order and the counter affidavit, it will be evident that they have not considered the alternative claim of petitioner for recognition of his service/take over as an Untrained Teacher, nor they have disputed the fact that others like Diwakar Prasad Dileri, who was untrained on the date of take over, his (Dileris) services were recognised/taken over and subsequently sent for training. He was similarly situated like the petitioner, having same degree of Shiksha Bisharad from Hindi Sahitya Sammelan, apart from the qualification of B.A. (Hons.), as held by the petitioner. 6. In the facts and circumstances, the case of petitioner having not considered in proper aspect, as observed by the Court in the earlier case, I set aside the orders dated 23rd July, 1996 and 11th February, 1997 (Annexure-1 and 1/A) and remit the case to the Director, Secondary Education to consider the case of petitioner for recognition of his service/take over, as Untrained Teacher, as made in the case of this very petitioner {C.W.J.C. No. 2404 of 1985), taking into account the fact that the training is now not mandatory for the purpose of appointment as Assistant Teacher. If so necessary, the authorities may send the petitioner for training. 7. A decision be taken and formal order be communicated to the petitioner within four months from the date of receipt/production of a copy of this order. The writ petition stands disposed of with the aforesaid observation and direction.