Sikandar Prasad Sah S/o Sri Gado Sah v. State Of Bihar
2008-11-21
SHIVA KIRTI SINGH
body2008
DigiLaw.ai
Judgment Shiva Kirti Singh, J. 1. Learned Counsel for the petitioners of CWJC. Nos. 14208, 14184, 14191 and 15772 of 2007 submits that the petitioners of these cases have claimed to have obtained certificates/degrees of teachers training from Universities of Orissa such as Utkal University and Sambalpur University and the petitioners are in a position to show that the concerned institutions from where they studied were affiliated/recognized by those Universities. Hence, he has prayed that these cases be heard together separately. Let these four writ petitions be treated as separate from the present group of cases. These cases shall be governed by another common order. 2. Heard learned Counsel for the petitioners and learned Counsel for the State in all the other writ petitions except the four CWJCs mentioned above. 3. In all these matters the petitioners are aspiring to become teachers in various schools in the State of Bihar. For that purpose they want a declaration from this Court that the degrees or certificates which they have obtained from either of the following institutions from Calcutta namely, 1. David Hare College of Correspondence, Calcutta, 2. All India Correspondence Coaching Society, Calcutta, 3. Sister Nivedita College of Education, Calcutta, 4. Oxford College of Education and 5. Dr. B.C. Roy College of Education, Calcutta are equivalent to two years B.Ed Courses/Degrees and must be recognized by the State of Bihar as valid degrees showing training for purpose of employment under the State of Bihar. 4. A careful perusal of the averments in the writ petitions and the various certificates and mark-sheets was undertaken by this Court only because a grave doubt arose that these institutions appear to be institutions engaged in defrauding the students by posing that they are Universities or Boards or are affiliated to Universities or Boards and therefore capable of awarding educational degrees and certificates which only a recognized University or Board can grant and that they have recognition for the purpose of granting such technical degree of training by the Government of West Bengal. Such careful scrutiny has revealed that the institutions do not have any status of University or Board nor they are duly affiliated to any recognized University or Board capable of awarding such degrees. The reference in some of the certificates issued by the institutions to the Ministry of Human Resources Development, Govt.
Such careful scrutiny has revealed that the institutions do not have any status of University or Board nor they are duly affiliated to any recognized University or Board capable of awarding such degrees. The reference in some of the certificates issued by the institutions to the Ministry of Human Resources Development, Govt. of India is highly misleading because in fact the approval of this ministry is said to be only in respect of emblem of the institution. The other part of the relevant certificate annexed as Annexure-6 to CWJC. No. 14183/2007 is to the effect that David Hare College of Education is registered under Indian Registration Act by the Government and is affiliated to another Registered Society registered under Societys Registration Act. 5. In any case, there is absolutely no reference in any of these writ petitions to any recognition of such institutions by the Government of Bihar for the purpose of eligibility for appointment to the post of teachers. The stand of the State of Bihar is that it has made enquiries and has already prepared a list of several institutes and institutions whose degrees/certificates have been found good and therefore recognized for the purpose of equivalence with the two years degree course of B.Ed. or other degrees of training for teachers. 6. Learned Counsel for the petitioner placed reliance upon a Division Bench judgment of this Court in the case of M.P. Mehta V/s. District Superintendent of Education, Katihar and Ors., 1985 0 PLJR 709 to submit that in the said case this Court held that a person obtaining a training degree from West Bengal is eligible for appointment in Bihar schools. But it is found that the said case was in context of Art. 406 of Bihar Education Code, 1961 contained in Chapter-V deal with training schools and examinations for teachers. In that context Art. 460 prescribed the length of the courses as two years and the session was to begin from July and end in June. This Court held that the said provision does not deal with requirements proscribed for appointment of a teacher in a Primary or Middle School. In that case the advertisement mentioned the minimum qualification as Matric or equivalent trained.
This Court held that the said provision does not deal with requirements proscribed for appointment of a teacher in a Primary or Middle School. In that case the advertisement mentioned the minimum qualification as Matric or equivalent trained. In that view of the matter the Division Bench found that the insistence of the State of Bihar that the training must be of two years course was not acceptable and there was no provision brought before the Court to show that the eligibility criteria excluded one year training course in Kalingpong College, West Bengal. 7. The facts and the context in the present cases are entirely different. Here the petitioners have not challenged the provision in the 2006 Rules laying down eligibility criteria nor have they brought before this Court the eligibility criteria mentioned in the advertisement which had been issued in the past or which may be issued in the future. In absence of such materials and lack of challenge to the rules of eligibility, it is not possible for this Court to issue a declaration in general terms that the training certificates of the petitioners from various institutions of Calcutta must be accepted as good training certificate and deemed to have been recognized by the State of Bihar for the purpose of recruitment of teachers in this State. 8. Hence the writ petitions are found to be without merit. They are dismissed accordingly. 9. The attention of this Court was drawn to certificates and mark-sheets enclosed with CWJC. No.15995/07 relating to Davi Hare College of Correspondence, Calcutta and to certificates and mark-sheets in other writ petitions such as in CWJC No. 16016/07 relating to All India Correspondence Coaching Society, Calcutta, in CWJC No. 15864/2007 relating to Sister Nivedita College of Education, Calcutta, in CWJC. No. 15390/07 relating to Oxford College of Education, Calcutta and in CWJC No. 14847/07 relating to Dr. B.C. Roy College of Education, Calcutta. The Court was surprised to find that signature of Principal on the certificate of David Hare College of Correspondence is appearing on the mark-sheet or certificates of several other institutions. In the case of Sister Nivedita College of Education, Calcutta in CWJC. No. 15864/07, the same Principal appears to have signed on the certificate (Annexure-2 Series) but the signature of Principal on the mark-sheet (Annexure-1 Series) appears to be of a different person. 10.
In the case of Sister Nivedita College of Education, Calcutta in CWJC. No. 15864/07, the same Principal appears to have signed on the certificate (Annexure-2 Series) but the signature of Principal on the mark-sheet (Annexure-1 Series) appears to be of a different person. 10. This Court does not want to cause any trouble to the petitioners on account of such disturbing facts because they have suffered disqualification and apparently they have fallen victim to some unscrupulous elements who posed to be running good educational institutions at Calcutta. But it will not be proper for the writ court to accept such a situation without suggesting to the concerned authorities to take suitable action in the matter against the institutions concerned and their functionaries, if found guilty. 11. In view of such disturbing state of affairs appearing from the records of these cases, it is deemed proper to direct the Vigilance Investigation Bureau of the State of Bihar to start an investigation in respect of all these institutions with a view to find out whether they are engaged in committing frauds and in cheating students from Bihar by pretending that they are proper institutions equal to or affiliated to Universities and Boards, having recognition of various Governments. 12. It is expected that such investigation shall be brought to its logical end without any delay and suitable action shall be taken if any person is found guilty, in accordance with law. 13. Let a copy of this order be handed over to SC-21 for communication to all concerned and for compliance.