Patna High Court - Orders
The State Of Bihar & Ors vs Poonam Sharma & Ors on 22 April, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.297 of 2009
1. The State of Bihar
2. The Education Commissioner-cum-Secretary, Department
of Human Resources and Development, Government of
Bihar,
Patna.
3. The Director, Primary Education, Government of Bihar,
Patna
4. The Director, Secondary Education, Government of Bihar,
Patna.
5. The R.D.D., Department of Education, Tirhut Region,
Muzaffarpur.
6. The District Education Officer, Muzaffarpur.
7. The District Superintendent of Education, Muzaffarpur.
8. The Head Mistress, Government Primary School, Kanhauli
Math, Muzaffarpur.
9. The Head Master, Government Middle School, Chandwara,
Muzaffarpur.
10. The Head Mistress, Government Primary Girls School,
Burning Ghat, Muzaffarpur.
11. The Head Mistress, Government Middle School, Kundal,
Sikandarpur, Muzaffarpur.
12. The Head Mistress, Government Primary School,
Ambedkar Nagar, Sikandarpur, Muzaffarpur.
13. The Head Master, Mahesh Bhagat Middle School,
Daudpur, Muzaffarpur.
14. The Head Master, Government Primary School, Krishna
Toli, Brahmapura, Muzaffarpur.
15. The Head Mistress, New Primary School, Akharaghat
(Bandh), Muzaffarpur.
...... Respondent nos. 1 to 15 in writ
petition .... Appellants.
Versus
1. Poonam Sharma, Wife of Shri Sudhir Kr. Sharma, resident
of Lal Bhawan, Club Road, P.O. Ramna, P.S. -
Mathanpura, District - Muzaffarpur.
2. Seema, W/o Shri Dhirendra Kumar Sinha, resident of
Mohalla - Jagdishpur (Harsh Nagar), P.O. - Ramna, P.S. -
Mithanpur, District - Muzaffarpur.
3. Meera Choudhary, Wife of Sri Chandra Bhushan
Choudhary, resident of Banarasa Bank Chowk, P.S.
Mithanpur, District - Muzaffarpur.
2
4. Rekha Mehta, W/o Shri Santosh Kumar Khanna, resident
of Jail Road, Pakki Sarai, P.S. - Mithanpura, District and
Town - Muzaffarpur.
5. Pushpa Shrivastava, W/o Sri Shailendra Kumar
Shrivastava, Resident of Mohalla - Kanhauli Shastri Nagar,
P.O. Ramna, P.S. - Mithanpur, District - Muzaffarpur.
6. Kumkum Jha, W/o Sri Indra Bhushan Jha, resident of
village- Berua, P.O. - Bariyarpur, P.S. - Sakra, District -
Muzaffarpur.
7. Anjana Trivedi, W/o Shri Shiv Prakash Tiwary, resident of
Sagar Vila, Aghoria Bazar, P.S. - Kazi Mohammadpur,
District - Muzaffarpur.
8. Renu Kumari, W/o Sri Arun Kumar Thakur, resident of
Kalibari Road, P.S. Mithanpura, District - Muzaffarpur.
9. Bibha Trivedi, W/o Sri Arun Kumar Trivedi, resident of
Sherpur, P.S. - Sadar, District - Muzaffarpur.
10. Savita Kumar, W/o Sri Sudhir Kumar, resident of Bela
Chapra, P.O. - MIC, P.S. - Bela, District - Muzaffarpur.
11. Amrita Kumari, W/o Sri Baiju Shah, resident of Mohalla -
Kalyani, Kedarnath Road, P.S. - Sadar, District -
Muzaffarpur.
......Petitioners/Respondents.
12. The Chief Executive Officer, Muzaffarpur Municipal
Corporation, Muzaffarpur,
....Respondent No. 8/Respondent 2nd set.
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For the Appellants : Mrs. Nilu Agrawal, G.A-X
Mr. Zaki Haider, A.C to G.A.-X
For the Respondents : M/s. Nityanand Mishra &
Atul Kumar Pandey, Advocates.
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4 22.04.2009Heard learned counsel for the parties.
The writ petitioners were appointed on the posts of Nagar Shikshak. But, later the services of the petitioners were terminated on the ground that Prathama degree obtained from the Hindi Sahitya Sammelan(Hindi University), Allahabad, is not a recognised degree for the 3 purpose of qualification.
The learned single Judge of this Court held that the aforesaid degree was recognised up to 31.12.1987 on the basis of Annexure 2 attached to the writ petition. There is no challenge yet to this. Admittedly, the writ petitioners got degrees in 1987 much before expiry of the recognition of the period, as referred to above, therefore, the order of termination of the services of the writ petitioners is illegal.
We agree with the reasoning of the learned single Judge.
In the facts and circumstances of the case, this Letters Patent Appeal is dismissed.
(J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)