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2009 DIGILAW 226 (PAT)

Rakesh Kumar Son Of Sri Devendra Nath Mishra v. State Of Bihar

2009-02-10

MRIDULA MISHRA

body2009
JUDGEMENT 1. Heard the counsel for the petitioner and the State. 2. This application has been filed by the petitioner for directing the respondent authorities to appoint him as Madhyamik Shikchak as he has been selected and his name finds place in the merit list of the eligible successful candidates. 3. Petitioners case is that he has done his teachers training course from Calcutta, which is equivalent to B.Ed. trained graduate. He also claims that he has got requisite qualification for being appointed on the post. 4. Counsel appearing for the State has submitted that the degree, which the petitioner is claiming to be equivalent to B.Ed. degree is actually not recognized for appointment of primary teacher/panchayat teacher. It has also been submitted that the similar issue was considered by this Court in an unreported decision passed in C.W.J.C. No. 15995 of 2007 and analogous cases, where it has been held that the institutions, which are not recognized by any University or Board or have got any affiliation to the University or Board cannot award degrees and the certificate issued by such institutions is only to defraud the candidates. The institution from which the petitioner has obtained his B.Ed. degree is registered under the Societies Registration Act. It has no affiliation or recognition from any University or Board. 5. Considering this fact, the case of the petitioner is fully covered by the finding recorded in C.W.J.C. No. 15995 of 2007 and analogous cases. In such circumstance, I do not find any illegality, if petitioner was not selected in appointment as teacher. 6. This application is dismissed.