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2013 DIGILAW 615 (PAT)

Priyanka Kumari v. State of Bihar

2013-05-13

AJAY KUMAR TRIPATHI

body2013
ORDER Despite valid service of notice on private-respondent no. 10, she has chosen not to appear. 2. Order under challenge is dated 10.04.2010, passed by the Member, District Teachers' Employment Appellate Tribunal, Saran at Chapra. By virtue of this order, the private-respondent has been allowed to continue on the post of Panchayat Teacher, despite having a degree of Visharad from Hindi Sahitya Sammellan, Prayag, U.P. 3. There is a Division Bench decision of the High Court, which clearly held that such degree has no recognition by the State of Bihar, as decided in L.P.A. No. 28 of 2010. However, the Member of the District Teachers' Employment Appellate Tribunal has gone or tried to overreach the judgment by saying that the applicability of the judgment will be prospective and not retrospective. 4. The learned Member with due respect to him must realize that half baked learning of law does not help the situation. The question of retrospectivity and prospectivity and applicability of the judgment will arise, provided the question of recognition or non-recognition was decided on the date of this Order. The judgment is very clear in its stand that such degree has no recognition in the State of Bihar, which can beget appointment under the State of Bihar. 5. To further clarify the position about the institution in question, the Court would like to refer to a decision of the Hon'ble Supreme Court rendered in the case of Rajasthan Pradesh Vaidya Samiti vs. Union of India and in other analogous cases, reported in 2010 (12) SCC 609 , especially in paragraph 51 of the said decision. 6. If that be so and if that is the status of the institution from where the private-respondent had obtained the degree, then it is no degree in the eye of law. The impugned order, contained in Annexure- 1, therefore, is required to be quashed and is quashed. 7. Writ Application is allowed. Private-respondent will not continue on the post even for a day hereinafter.