ORDER S.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioner for issuance of an appropriate writ/orders/direction in the nature of mandamus, commanding upon the respondents to issue letter of appointment to the post of Primary Trained Teacher in favour of the petitioner, he having been declared successful in the Primary Trained Teachers Recruitment Examination, 2002-2003, conducted by the Jharkhand Public Service Commission (JPSC for short). Further prayer has been made to direct the 6th respondent B.N. Mandal University, Mad-hepura (University for short) to issue requisite pass/degree certificate for B.Ed. course, he having come out successful in B.Ed. Examination, held by the University, result of which was published on 22nd September, 1997. 2. According to the petitioner, he was admitted in one Millia Fakhurddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea for the Sessions 1995-96. The aforesaid B.Ed. Teachers Training College is an affiliated college of B.N. Mandal University, Madhepura, Bihar. The petitioner was provided with Roll No. 740 Registration No. 90915 and appeared at the B.Ed. Examination, 1996, conducted by the University. The result of the said examination was published on 22nd September, 1997 in which he was declared successful. Thereafter, though the petitioner has been provided with the mark-sheet and College Leaving Certificate, formal B.Ed. Degree has not been given to him by the University. Further case of the petitioner is that in pursuance of an advertisement, published by the JPSC in the month of August, 2002 in different newspapers, he being eligible, applied for appointment to the post of Primary Trained Teacher in a Nationalized Primary School. In the said advertisement, apart from the qualification of Matriculate or equivalent to that two years Teachers Training or B.Ed./Dip-in-Ed./Dip-in-Teach was also prescribed. The petitioner having possessed B.Sc. Degree and having passed B.Ed. Examination from the University, applied for appointment and was allowed to appear at the written competitive test, held on 27th May, 2003, result of which was published by the JPSC on 13th November, 2003. In the said result, the petitioner was declared successful for appointment in the district of Pakur. 3. Further case of the petitioner is that in pursuance of general notice, published in the newspaper, he assembled at Morabadi Ground, Ranchi, on 15th November, 2003 along with others and, thereafter, having been asked, he produced all the relevant educational certificates etc. before the District Superintendent of Education, Pakur. 4. 3. Further case of the petitioner is that in pursuance of general notice, published in the newspaper, he assembled at Morabadi Ground, Ranchi, on 15th November, 2003 along with others and, thereafter, having been asked, he produced all the relevant educational certificates etc. before the District Superintendent of Education, Pakur. 4. Grievance of the petitioner is that the respondents, thereafter, have not issued the letter of appointment in favour of the petitioner, though a number of persons, including those, below the same of the petitioner, have been appointed. In the affidavit, filed by the 6th respondent University, it has been accepted that the petitioner passed B.Ed. Examination, 1996 from the University as a student of Millia Fakhruddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea and a mark-sheet printed No. 4431, dated 1st October, 1997 with aggregate 703 marks was issued vide Universitys letter No. Exam/C 89, dated 2nd December, 2003. It is stated that the records, including the Tabulation Register regarding B.Ed. Examination for the years, 1993, 1995 and 1996, of the University having been seized by the Cabinet Vigilance Department, Govt. of Bihar, Patna, for verification, the University is not in a position to issue a fresh mark-sheet or the original certificate relating to B.Ed. Examination. It is further stated that the national Council for Teachers Education, Eastern Regional Committee 15, Nilkanth Nagar, Bhubneshwar by an order No. ERC/7- 18/2001/1342(S), dated 9th May, 2001 refused the recognition of Milia Fakhruddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea, for the reasons, stated in the said order. It further appears that in pursuance of the said order dated 9th May, 2001, the Govt. of Bihar, Department of Primary, Secondary & Adult Education, vide letter No. 828, dated 12th July, 2003 cancelled the permanent affiliation, as was granted in favour of the institute, with retrospective date. 5. The stand taken by the 3rd respondent-District Superintendent of Education, Pakur. is that the appointment to the post of Assistant Teacher can be made only from amongst those, who have passed and obtaining Teachers Training Certificates from recognised institute as per Rule and Clause 8(a) of the Guidelines, circulated vide letter No. 404, dated 16th February, 2004, issued by the Secretary, Human Resources Development Department, Govt. of Jharkhand, Ranchi. So far as validity of B.Ed. of Jharkhand, Ranchi. So far as validity of B.Ed. mark-sheet, issued by the University to the petitioner is concerned, it is stated that in view of letter No. 115/04, dated 21st February, 2004, issued by the Controller of Examinations, B.N. Mandal University, Madhepura, informing the fact that the Govt. of Bihar vide Memo No. 828, dated 12th July, 2003 has cancelled the temporary recognition of the college, in question, from retrospective date and in view of the fact that the matter is under investigation by the Bihar Cabinet Vigilance Committee, Patna, the mark-sheets of B.Ed. Examination, issued to the petitioner and others, stood cancelled and, therefore, the petitioner could not be appointed. 6. Counsel for both the parties placed reliance on a Division Bench decision of this Court in the case of Dilip Kumar Gupta and Ors v. State of Jharkhand and Ors, reported in 2005 (2) JCR 293 (Jhr). The aforesaid reference relates to a group of cases, which were instituted for similar relief for appointment to the posts of Teacher in Primary Schools in pursuance of the advertisement, in question, published in August, 2002. In the said case, the provisions of Rule 2 (kha) of the Jharkhand Primary School Recruitment Rules, 2002 (hereinafter to be referred as the Rules, 2002) and letter No. 8/B1-199-03-2312, dated 13th November, 2003 fell for consideration before the Bench. It was noticed that under Clause 3 of Rule 2 {kha) of the Rules, 2002, a person, who is otherwise qualified and has passed two years Teachers Training Course or B.Ed./Dip-in-Ed ./Dip-in-Teach from a recognized institute can be appointed to the post of Teacher in a Primary School. The Court also noticed the clarification, given by the Secretary, Primary, Secondary & Mass Education, Govt. of Jharkhand, Ranchi, vide letter No. 8/B1-199-03-2312, dated 13th November, 2003, wherein, clarification was made in respect to the candidates, who have passed Teachers Training Examination from the institutes within the territory of unified State of Bihar. The Court also noticed the fact that the provisions of National Council of Teachers Education Act, 1993 (hereinafter to be referred as NCTE Act, 1993) came into force with effect from 1st July, 1995. The Court also noticed the fact that the provisions of National Council of Teachers Education Act, 1993 (hereinafter to be referred as NCTE Act, 1993) came into force with effect from 1st July, 1995. Taking into consideration the aforesaid facts, the Division Bench held as follows : "In the facts and circumstances, having regard to the guidelines, issued by the State from time to time, and the provisions of the Ordinances, Acts and Rules, as discussed above, in my considered opinion : (a) "Recognized Institute" means an institution recognised or established by State Government or Union Government or by Statutory Bodies/Organizations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognised University for imparting education (training herein); (b) After 1st July, 1995 or at best for another period of six months i.e., after 1st January, 1996 nobody, offering a course or training in Teachers Education, can run the institute without prior recognition by the NCTE, there being bar to run such institute under Sub-section (1) to Section 14 of the NCTE Act, 1993; (c) Even if a Teachers Training Institute is affiliated to a University, recognized by the University Grant Commission, no Teachers Training Examination can be held by the University whether provisional or otherwise, for the students of such Teachers Training College after 1st January, 1996, if the institute is not recognized by the NCTE, in view of Clause (b) to Section 16 of the NCTE Act, 1993; (d) A person, who has completed and obtained a Degree/Diploma/Certificate in Teachers Training Course prior to 31st January, 1996 i.e., six months after promulgamation of the NCTE Act, 1993 from an institute, recognized or established by the State Government or Union Government or by Statutory Bodies/Organizations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting Teachers Training Education, is eligible for appointment to the post of Primary Teacher, if otherwise found fit and (e) Since 4th September, 2001 i.e., the date NCTE (Determination of Qualification & Recruitment of Teachers) Regulation, 2001 came into force, no untrained person can be appointed to the post of Primary Teacher. 7. In the present case of the petitioner, admittedly, the University conducted B.Ed. Examination much after 1st July, 1995. 7. In the present case of the petitioner, admittedly, the University conducted B.Ed. Examination much after 1st July, 1995. In fact the Sessions seems to have been started in 1995 when NCTE Act, 1993 came into force. It is not in dispute that the National Council of Teachers Education has not recognized the institute after promulgamation of NCTE Act, 1993. In the circumstances, the institute, namely, Milia Fakhruddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Pur-nea, from which the petitioner completed his B.Ed, course, having not been recognized by the NCTE, there was no occasion for the University to conduct examination, there being bar to run such institute under sub- section (1) of Section 14 and to conduct such examination by the University under Clause (b) to Section 16 of the NCTE Act, 1993. In this connection, one may also refer to a decision of this Court in the case of Chandra Shekhar Yadav v. State of Jharkhand and Ors, reported in 2005 (2) JCR 322 (Jhr). 8. Having regard to the facts and circumstances the petitioner having completed Teachers Training course after 1st July, 1995/1st January, 1996 from an institute, not recognized by the National Council for Teachers Education and as the University had no jurisdiction to conduct such examination in view of Clause (b) to Section 16 of the NCTE Act, 1993 after 1st January, 1996, the petitioner can not claim appointment on the basis of the B.Ed, mark-sheet, obtained by him from the University. There being no merit, no relief can be granted to the petitioner. The writ petition is, accordingly, dismissed.