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2014 DIGILAW 996 (PAT)

Prema Kumari v. State Of Bihar

2014-09-15

CHAKRADHARI SHARAN SINGH

body2014
Order 1. This is an application seeking quashing of the order dated 28.07.2010 passed by the District Teachers Appointment Appellate Authority, Bhojpur at Ara in Case No. 26/2009 whereby the Authority has dismissed the appeal preferred by the petitioner on the ground that training certificate obtained by her on pursuing studies in Teacher Training College of India, C/o Buddha Public School, Ashok Nagar, Gaya does not figure in the list of recognized institutions maintained by the State Government. 2. Learned counsel for the petitioner has drawn my attention to marksheet issued by the Bihar School Examination Board in support of the plea that petitioner has undergone Nursery Training Examination. He has also referred to an order dated 13.05.2014 issued by National Council for Teacher Education to make out a case that the college in case does have recognition of the National Council for Teacher Education also. 3. Learned counsel for the petitioner has submitted that the order of the Tribunal is cryptic and does not discuss at all the case of the petitioner and it does not discuss application of judicial mind. He has submitted that the Authority came to a wrong conclusion that Teacher Training College of India, C/o Buddha Public School, Ashok Nagar, Gaya was not a recognized institution. 4. Be that as it may, I find the order of the Appellate Authority to be too cryptic. There is one line order that name of the institution does not figure in the list managed by the State Government. It has also mentioned that the petitioner has very less merit points and, therefore, her claim cannot be entertained for her appointment as Panchayat Teacher. 5. Learned counsel appearing on behalf of the State on the other hand has opposed the prayer and has contended that the petitioner has failed to produce any document to demonstrate that college in question has due recognition from the State of Bihar. 6. From the impugned order it appears that the Appellate Authority has considered the question of recognition in question in one line without discussing as to in which document name of the institution is not there. 7. In view of the above, the order dated 28.07.2010 passed by the Teachers Appointment Appellate Authority, Bhojpur is quashed. 8. 6. From the impugned order it appears that the Appellate Authority has considered the question of recognition in question in one line without discussing as to in which document name of the institution is not there. 7. In view of the above, the order dated 28.07.2010 passed by the Teachers Appointment Appellate Authority, Bhojpur is quashed. 8. The matter is, however, remanded back to the Appellate Authority to consider the matter afresh after giving due notice to all concerned persons or other persons who have been selected pursuant to the selection process in question and have been appointed. The Appellate Authority will be required to consider the order issued by the National Council for Teacher Education, Eastern Regional Committee dated 13.05.2004 issued vide Memo No. 1555 which is said to have been published in the gazette of India. The Appellate Authority will be expected to dispose of the matter as quickly as possible and preferably within a period of six months from the date of receipt/production of a copy of this order.