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2002 DIGILAW 495 (JHR)

Nand Kishore Sharma v. State Of Bihar

2002-04-16

ALTAMAS KABIR, SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. The petitioners claim to have passed Senior Teachers Training Course from "David Hare College of Correspondence, Calcutta". They have preferred the writ petition for direction on the respondents to recognise the training given by the college for their appointment as Assistant Teachers in various Middle/Primary Schools in the State for which they have applied in pursuance of advertisement published in August, 1989. 2. According to the counsel for the State, no appointment can be made if the Training College/School is not recognised. He placed reliance on Patna High Courts decision in the case of M.P. Mehta v. District Superintendent of Education, 1985 PLJR 709. 3. The counsel for the petitioners submitted that the aforesaid decision given in M.P. Mehta (supra) fell for consideration before Patna High Court in the case of Md. Halim and Ors. v. State of Bihar and Ors., in CWJC No. 8829 of 1989. In the said case. relying on the decision in the case of M.P. Mehta (supra), the Division Bench vide order dated 18th December. 1997. directed the State of consider the cases of those writ petitioners for their appointment on the post of Assistant Teachers. Those petitioners i.e. Md. Halim and others (supra) also passed similar training from West Bengal as in the case of the present petitioners. 4. As it appears that the petitioners Md. Halim and others (supra) also undergone training in "David Hari College of Correspondence, Calcutta" within the State of West Bengal and their cases were remitted to the State for consideration of their cases tor appointment to the post of Assistant Teachers, the case of the petitioners herein are also remitted to the authorities of the State of Jharkhand. 5. The petitioners will bring this order to the notice of the Secretary. Primacy Education. Government of Jharkhand who will get the matter enquired through the concerned Officer and if found that one or other petitioner obtained training from David Hare College of Correspondence. Calcutta, they be given similar benefit as given vide Courts order in favour of Md. Halim and others (supra) in the matter of future employment to the post of Assistant Teacher. 6. Calcutta, they be given similar benefit as given vide Courts order in favour of Md. Halim and others (supra) in the matter of future employment to the post of Assistant Teacher. 6. If for one or other reason, the respondents dispute the claim of one or other petitioner relating to training certificate, the respondents will communicate the ground to such petitioners within four months from the date of representation, as may be preferred. The writ petition stands disposed of.