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2013 DIGILAW 59 (PAT)

Mansur Alam v. State Of Bihar

2013-01-11

SAMARENDRA PRATAP SINGH

body2013
ORAL ORDER Heard counsel for the petitioner and the State. 2. The petitioner has challenged the order dated 20.10.2011 (Annexure-4) passed by the District Teacher Appointment Appellate Tribunal, Darbhanga wherein it has been stated that the petitioner is not entitled for appointment on the post of Panchayat teacher. 3. The petitioner submits that pursuant to the advertisement, the petitioner applied for the post of Urdu teachers in Gram Panchayat Mansara. A final merit list was prepared in which the name of the petitioner was mentioned at 6th position. Even after counseling, no appointment letter was handed over to the petitioner. The matter came up before an Appellate Tribunal. The Appellate Tribunal held that the institution namely Jamia Urdu College, Aligarh has been recognized since 6.8.1991. The petitioner has secured the certificate in December, 1997 from the said institution. The petitioner submits that if one is enrolled as trainee while the institution is under valid recognition then passing certificate granted by it even after de-recognition would not be invalid in view of the pronouncement of Hon'ble Apex Court in the case of Suresh Pal & Ors Vs State of Haryana & Ors, reported in AIR 1987 SC 2027 as well as order of Hon'ble Allahabad High Court in the case of Mohd. Nafees and another vs. State of U.P. and others in Civil Misc. Writ Petition No.19324 of 1999 disposed of 11.5.1999. 4. Counsel for the State submits that the institution is not recognized by the NCTE or UGC. 5. If the institution is under valid recognition at the time of admission in the training course, the judgment of Hon'ble Apex Court would be applicable in such cases. 6. In the result, the impugned order dated 20.10.2011 is set aside and the matter is remitted to the Director, Primary Education for consideration of the matter in accordance with law. 7. This writ application is allowed.