Patna High Court - Orders
Md. Noorul Huda Khan & Ors vs The State Of Bihar & Ors on 14 December, 2012
Bench: Chief Justice, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1712 of 2012
In
Civil Writ Jurisdiction Case No. 12436 of 2012
With
Interlocutory Application No. 8117 of 2012
In
Letters Patent Appeal No.1712 of 2012
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Md. Noorul Huda Khan, & Ors. .... .... Appellant/s
Versus
The State of Bihar & Ors. .... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Vinod Kumar Kanth, Sr. Advocate,
Mr. Fakhruddin Ali Ahmad &
Mr. Gautam Kumar Yadav, Advocates
For the Respondent-State : Mr. Gautam Bose, AAG 8 &
Mr. Rohit Mihsra, AC to AAG 8
For the Commission : Mr. S.S. Sundaram, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-12-2012Re. Interlocutory Application No. 8117 of 2012 This application is made by the appellants for issuance of mandamus pending the Appeal.
The matter at issue is the eligibility of the appellants for being appointed as Urdu teachers in the elementary schools in the State of Bihar. The appellants are held to be ineligible for employment as Urdu teachers on the ground that the qualification acquired by them is not a recognized qualification. Their service has been terminated on 9th May 2012 by the Joint Secretary, 2 Patna High Court LPA No.1712 of 2012 (6) dt.14-12-2012 P2 / 3 Department of Education, Govt. of Bihar. Termination of their service has been upheld by the learned single Judge in C.W.J.C No. 12436 of 2012. Therefore, the Appeal.
The Appeal has been admitted for final hearing. Pending the Appeal, this application is filed for restoration of Status Quo Ante. Learned counsel Mr. Vinod Kumar Kanth has appeared for the appellants. He has strenuously urged that the qualification acquired by the appellants is recognized qualification and that the appellants are eligible for appointment as Urdu teachers. He has submitted that prior to termination of their service, the appellants did serve as Urdu teachers for around four months and that they should be continued. He has also submitted that as against 12000 vacancies earmarked for Urdu teachers, only 4000 appointments had been made. From amongst the said 4000 appointments, several are cancelled, further plummeting the number of the Urdu teachers. Therefore, the service of the appellants needs to be restored.
Learned Additional Advocate General Mr. Gautam Bose has appeared for the respondents. He has contested the application. Mr. Bose has submitted that the advertisement itself made it clear that the required qualification should have been acquired from an institution which is recognized by the National Council for Teacher Education.
Admittedly, the appellants have obtained the qualification from an institution which is not recognized by National Council for Teacher Education. Although, according to Mr. Vinod Kumar Kanth, it is recognized by the Government of India.
Mr. Vinod Kumar Kanth has also relied upon the 3 Patna High Court LPA No.1712 of 2012 (6) dt.14-12-2012 P3 / 3 observation made by the Hon'ble Supreme Court in respect of the scrutiny or verification of the testimonials.
We are of the opinion that the direction to restore status quo ante would amount to issuing mandamus pending the Appeal. Unless there are compelling reasons such mandamus is not ordinarily issued.
We see no compelling reasons for issuing mandamus pending the Appeal.
The application is rejected.
It is however, directed that any appointment of Urdu teacher made on the vacant post will be adhoc and subject to the result of this Appeal. If such appointment orders are made, they shall specifically mention that the appointment would be subject to the result of the Appeal.
(R.M. Doshit, CJ) (Ahsanuddin Amanullah, J) Prakash/Anand