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2017 DIGILAW 1189 (JHR)

Rishi Kant Sinha v. State Of Jharkhand

2017-07-18

D.N.PATEL, RATNAKER BHENGRA

body2017
ORDER D.N. Patel, A.C.J. (Oral) - This Letters Patent Appeal has been preferred by the original petitioner, whose writ petition being W.P.(S) No. 5613 of 2014 has been dismissed by the learned Single Judge vide judgment and order dated 3rd August, 2016, upholding, the order passed by the Government dated 12th March, 2014, whereby, the representation of the petitioner for accepting his joining to the post of Assistant Teacher in DPL (+2) High School, Baghmara, has not been allowed, as a valid one, since this appellant has not cleared his B.Ed. Examination from a recognized institute, as required under National Council for Teachers Education Act, 1992. 2. It appears that this appellant was initially selected for appointment to the post of Assistant Teacher on 20th July, 2012, but, he was not allowed to join the services by the respondent Government. Hence, this appellant preferred W.P.(S) No. 6952 of 2012, which was disposed of by this Court vide order dated 7th August, 2013, directing the respondent-Government to the decide the representation of the petitioner. 3. Pursuant to the order, passed by this Court dated 7th August, 2013, the respondent-Government decided the representation, rejecting the claim of this petitioner vide order dated 12th March, 2014, mainly for the reason that this appellant has not cleared Teachers Training Examination from a recognized institute. The recognition was to be given by the National Council for Teachers Education under National Council for Teachers Education Act, 1993, which has come into force with effect from 1995. It is alleged by the learned counsel for this appellant that he has cleared his B.Ed. Examination from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh. 4. The order of the respondent-Government dated 12th March, 2014 was challenged by this appellant before this Court in W.P.(S) No. 5613 of 2014, which was dismissed by the learned Single Judge vide order dated 3rd August, 2016. 5. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant (original petitioner) has cleared his B.Ed. Examination from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh in the year, 2006. 5. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant (original petitioner) has cleared his B.Ed. Examination from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh in the year, 2006. This institution was never recognized by National Council for Teachers Education and hence, as per National Council for Teachers Education Act, 1993, this appellant was not qualified to be appointed as a Teacher for imparting education in a school and hence, no illegality has been committed by the respondent Government in rejecting the representation of this appellant vide order dated 12th March, 2014 and no error has been committed by the learned Single Judge while passing the judgment and order dated dated 3rd August, 2016 in W.P.(S) No. 5613 of 2014. 6. We are also in full agreement with the views, given by the learned Single Judge in paragraph No. 7 of the judgment and order dated 3rd August, 2016 in W.P.(S) No. 5613 of 2014. 7. Thus, there being no substance, this Letters Patent Appeal is hereby dismissed.