Patna High Court - Orders
Madhu Kumari & Ors vs The State Of Bihar & Ors on 30 November, 2011
Bench: Chief Justice, Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1445 of 2011
In
Civil Writ Jurisdiction Case No. 13955 of 2010
With
Interlocutory Application No. 6948 of 2011
And
Interlocutory Application No. 8056 of 2011
In
Letters Patent Appeal No.1445 of 2011.
======================================================
1. Poonam Sharma, W/o Sri Sudhir Kumar Sharma, R/o Lal Bhawan, Club
Road, P.O.- Ramana, P.S.- Mithanpura, District and Town- Muzaffarpur, At
Present Working as Nagar Shikshika, Primary School, Kanhauli Math,
Muzaffarpur.
2. Seema, W/o Sri Dhirendra Kumar Sinha, R/o Mohalla- Jagdishpuri
(Harsh Nagar), P.O.- Ramana, P.S.- Mithanpura, District and Town-
Muzaffarpur. At Present Working as Shikshika, Primary School, Kanhauli
Math, Muzaffarpur.
3. Meera Chowdhary, W/o Sri Chandra Bhushan Chaudhary, R/o Banaras
Bank Chowk, P.S.- Mithanpura, District and Town- Muzaffarpur. At
Present Working as Nagar Shikshika, Middle School, Chandawara,
Muzaffarpur.
4. Rekha Mehta, W/o Sri Santosh Kumar Khanna, R/o Jai Road, Pakki
Sarai, P.S.- Mithanpura, District and Town- Muzaffarpur. At Present
Working as Nagar Shikshika, Primary Girls School, Burning Ghat,
Muzaffarpur.
5. Pushpa Srivastava, W/o Sri Shailendra Kumar Srivastava, R/o Mohalla-
Kanhauli (Shastri Nagar), P.O.- Ramana, P.S.- Mithanpura, District and
Town - Muzaffarpur. At present working as Nagar Shikshika, Primary Girls
School, Burning Ghat, Muzaffarpur.
6. Kumkum Jha, W/o Sri Indrabhushan Jha, R/o Village- Berua, P.O.-
Bariarpur, Sakara, P.S.- Sakara, District and Town- Muzaffarpur. At present
working as Nagar Shikshika, Middle School, Kundal, Sikandarpur,
Muzaffarpur.
7. Anjana Trivedi, W/o Shiv Prakash Tiwary, R/o Sagar Villa, Aghoria
Bazar, P.S.- Kazi Mohammadpur, District and Town - Muzaffarpur. At
present working as Nagar Shikshika, Middle School, Kundal Sikandarpur,
2 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
2 / 22
Muzaffarpur.
8. Renu Kumari, W/o Sri Arun Kumar Thakur, R/o Kalibari Road, P.S.-
Mithanpur, District and Town - Muzaffarpur. At present working as Nagar
Shikshika, Primary School, Ambedkar Nagar, Sikandarpur, Muzaffarpur.
9. Vibha Trivedi, W/o Sri Arun Kumar Trivedi, R/o at and post- Sherpur,
P.S.- Sadar, District and Town- Muzaffarpur. At present working as Nagar
Shikshika, Mahesh Bhagar Middle School, Daudpur, Muzaffarpur.
10. Sarita Kumari, W/o Sri Sudhir Kumar, R/o at Bela Chapra, P.O.-
M.L.C. Bela, P.S.- Bela, District and Town - Muzaffarpur. At present
working as Nagar Shikshika, Primary School, Krishna Toli, Muzaffarpur.
11. Amrita Kumari, W/o Sri Baiju Sah, R/o Mohalla- Kalyani Kedarnath
Road, P.S.- Sadar, District and Town- Muzaffarpur. At present working as
Nagar Shikshika, Primary School, Akhara Ghat Bandh, Muzaffarpur.
.... Intervenors-Respondents- Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Human Resources Development Department,
Bihar, Patna
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Muzaffarpur, District- Muzaffarpur.
5. The District Superintendent Education, Muzaffarpur, District-
Muzaffarpur.
6. The Muzaffarpur Municipal Corporation through the Mayor.
7. The Municipal Commissioner, Muzaffarpur Municipal Corporation,
Muzaffarpur.
8. The Sub-Inspector of School, Municipal Area Muzaffarpur, District -
Muzaffarpur.
9. The Headmaster, Primary School, Ambedkar Nagar Municipal Area,
Muzaffarpur, Null District- Muzaffarpur.
10. The Headmaster, Middle School Daudpur Municipal Area Muzaffarpur,
District- Muzaffarpur.
11. The Head Master, Nationalized Middle School Sikandarpur Kundal,
Municipal Area Muzaffarpur, District- Muzaffarpur.
12. The Headmaster, Primary School Kanhauli Math, Municipal Area
Muzaffarpur, District- Muzaffarpur .
3 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
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13. The Headmaster, Middle School Chandwara Municipal Area
Muzaffarpur, District- Muzaffarpur.
14. The Headmaster, Middle School Kundal, Municipal Area Muzaffarpur,
District- Muzaffarpur.
15. The Headmaster, Primary School Krishna Toli Municipal Area
Muzaffarpur, District- Muzaffarpur.
16. The Headmaster Primary School Burning Ghat Girls School, Municipal
Area Muzaffarpur, District - Muzaffarpur.
17. The Headmaster Primary School Akharaghat Bandh, Municipal Area
Muzaffarpur, District- Muzaffarpur.
.................Respondents /Respondents
18. Narendra Kumar, S/o Sri Shivji Upadhyay, R/o Mohalla- Race Cource
Chakkar, P.S.- Kazi Mohammadpur, District- Muzaffarpur. Presently posted
as Municipal Teacher in Primary School, Ambedkar Nagar, Municipal Area
Muzaffarpur, District- Muzaffarpur.
19. Rajeev Kumar, S/o Sri Bhagwati Sharan, R/o Mohalla- Naya Tola,
Sahay Compound, P.S.- Kazi Mohammadpur, District- Muzaffarpur.
Presently posted as Municipal Teacher in Mahesh Bhagat Middle School,
Daudpur, Municipal Area, Muzaffarpur, District- Muzaffarpur.
20. Kumari Reeta, W/o Kumod Kumar Singh, R/o Mohalla- Dinkar Nagar
Majhaulia, P.S.- Muzaffarpur Sadar, District- Muzaffarpur. Presently posted
as Municipal Teacher in Nationalized Middle School, Sikandarpur Kundal,
Municipal Area, Muzaffarpur, District- Muzaffarpur.
21. Neelam Kumari, W/o Lalan Baitha, R/o Mohalla- Shakti Nagar Colony,
Kanhauli Bishundutt, P.O.- Ramna, P.S.- Mithanpura, District-
Muzaffarpur. Presently posted as Municipal Teacher in Primary School,
Kanhauli Math, Municipal Area, Muzaffarpur, District- Muzaffarpur.
22. Madhu Kumari, W/o Sujeet Kumar, R/o Jaiswal Compound, Kalambag
Road, P.S.- Kazi Mohammadpur, District- Muzaffarpur. Presently posted as
Municipal Teacher in Middle School, Chandwara, Municipal Area,
Muzaffarpur, District- Muzaffarpur.
23. Pushpa Kumari, W/o Hari Singh, R/o Loma Niwas, Ganipur, P.S.- Kazi
Mohammadpur, District- Muzaffarpur. Presently posted as Municipal
Teacher in Middle School, Kundal Municipal Area, Muzaffarpur, District-
Muzaffarpur.
4 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
4 / 22
24. Anamika Kumari, W/o Raman Kumar Pandey, R/o Village and P.O.-
Jalalpur, P.S.- Maniyari, District- Muzaffarpur. Presently posted as
Municipal Teacher in Primary School, Kanhauli Math, Municipal Area,
Muzaffarpur, District- Muzaffarpur.
25. Nisha Kumari Sinha, W/o Krishna Kumar Srivastava, R/o Mohalla-
Naya Tola, Sahay Compound, P.S.- Kazi Mohammadpur, District-
Muzaffarpur. Presently posted as Municipal Teacher in Middle School,
Kudal Municipal Area, Muzaffarpur, District- Muzaffarpur.
26. Kumari Kanak Lata, W/o Dhiraj Kumar, R/o Village and P.O.-
Hussaini, P.S.- Kumaria Ghat, District- East Champaran at Motihari.
Presently posted as Municipal Teacher in Primary School, Krishnatoli,
Municipal Area, Muzaffarpur, District- Muzaffarpur.
27. Neeta Kumari, W/o Raj Kishore Sah, R/o Village- Aas Nagar, P.O. &
P.S.- Kanti, District- Muzaffarpur, District - Muzaffarpur. Presently posted
as Municipal Teacher in Primary Girls School, Burning Ghat, Municipal
Area, Muzaffarpur, District- Muzaffarpur.
28. Bandana Kumari, D/o Rajdeo Singh, R/o Village- Fatehpur, P.S.- Turhi,
District- Muzaffarpur. Presently posted as Municipal Teacher in Primary
School, Akhara Ghat, Municipal Area, Muzaffarpur, District - Muzaffarpur.
.... Petitioners.... Respondents
======================================================
With
Letters Patent Appeal No.1597 of 2011
IN
Civil Writ Jurisdiction Case No. 13955 of 2010
With
Interlocutory Application No. 7606 of 2011
In
Letters Patent Appeal No.1597 of 2011.
======================================================
1. Madhu Kumari, W/o Sujeet Kumar, R/o Jaiswal Compound, Kalambag
Road, P.S. Kazi Mohammadpur, Distt, Muzaffarpur. Presently posted at
Municipal Teacher in Middle School Chandwara Municipal Area,
Muzaffarpur, Distt. Muzaffarpur.
2. Nisha Kumari Sinha, W/o Krishna Kumar Srivastava, R/o Mohalla Naya
5 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
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Tola Sahay Compound, P.S Kazi Mohammadpur, Distt.- Muzaffarpur.
Presently Posted as Municipal teacher in Middle School Kundal, Municipal
Area, Muzaffarpur, Distt. Muzaffarpur.
3. Pushpa Kumari, W/o Hari Singh, R/o Loma Niwas, Ganipur, P.S. Kazi
Mohammadpur, Distt. Muzaffarpur. Presently posted as Municipal teacher
in Middle School Kundal, Municipal Area, Muzaffarpur, Distt.
Muzaffarpur.
4. Kumari Kanak Lata, W/o Dhiraj Kumar, R/o Vill. & P.O. Hussaini, P.S.
Dumaria Ghat, Distt. East Champaran at Motihari. Presently posted as
Municipal Teacher in Primary school Krishna Toli Municipal Area,
Muzaffarpur, Distt. Muzaffarpur.
5. Neeta Kumari, W/o Raj Kishore Sah, R/o Vill. & Aas Nagar,P.O & P.S.
Kanti, Distt. Muzaffarpur. Presently posted as Municipal Teacher in
Primary School Burning Ghat Girls School Municipal Area Muzaffarpur,
Distt. Muzaffarpur.
6. Kumari Reeta, W/o Kumod Kumar Singh, R/o Mohalla Dinkar Nagar,
Majhaulia, P.S. Muzaffarpur Sadar, Distt. Muzaffarpur. Presently posted as
Municipal Teacher in Nationalized Middle School Sikandapur Kundal,
Municipal Area, Muzaffarpur, Distt. Muzaffarpur.
7. Neelam Kumari, W/o Lalan Baitha R/o Mohalla Shakti Nagar Colony,
Kanhauli Bishundutt. P.O. Ramna P.S. Mithanpura, Distt. Muzaffarpur.
Presently posted as Municipal Teacher in Primary School Kanahauli Math
Municipal Area, Muzaffarpur, Distt. Muzaffarpur.
.... Petitioners.... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary Human Resources Development Department,
Govt. of Bihar, Patna.
3. Director, Primary Education Government of Bihar, Patna.
4. District Magistrate, Muzaffarpur, District-Muzaffarpur.
5. The District Superintendent of Education Muzaffarpur Distt.
Muzaffarpur.
6. The Muzaffarpur Municipal Corporation through the Mayor.
7. The Municipal Commissioner, Muzaffarpur Municipal Corporation,
Muzaffarpur.
6 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
6 / 22
8. The Sub-Inspector of School Municipal Area Muzaffarpur District
Muzaffarpur.
.............Respondents/Respondents
9. Poonam Sharma, W/o Sri Sudhir Kumar Sharma, R/o Lal Bhawan Club
Road, P.O Ramana, P.S. Mithanpura, Distt and Town Muzaffarpur at
present working as Nagar Shikshika Primary School, Kanhauli Math,
Muzaffarpur.
10. Seema, W/o Sri Dhirendra Kumar Sinha, R/o Mohalla Jagdishpuri
(Harsh Nagar), P.O. Ramana P.S. Mithanpura, Distt. and Town
Muzaffarpur. At present working as Shikshika Primary School, Kanhauli
Math, Muzaffarpur.
11. Meera Chaudhary, W/o Sri Chandra Bhushan Chaudhary, R/o Banaras
Bank Chowk, P.S. Mithanpur, Distt. and Town Muzaffarpur, at present
working as Nagar Shikshika Middle School, Chandawara, Muzaffarpur.
12. Rekha Mehta, W/o Sri Santosh Kumar Khanna, R/o Jail Road Pakki
Sarai, P.S. Mithanpur , Distt. and Town Muzaffarpur, at present working as
Nagar Shikshika Primary Girls School, Burning Ghat, Muzaffarpur.
13. Pushpa Srivastava, W/o Sri Shailendra Kumar Srivastava, R/o Mohalla
Kanhauli ( Shastri Nagar ), P.O Ramana P.S Mithanpur, District and Town
Muzaffarpur, at Present working as Nagar Shikshika Primary School,
Burning Ghat, Muzaffarpur.
14. Kumkum Jha, W/o Sri Indrabhushan Jha, R/o Vill. Berua, P.O.
Bariarpur, Sakara P.S Sakara, Dist. and Town Muzaffarpur. At present
working as Nagar Shikshika Middle School, Kundal, Sikandarpur,
Muzaffarpur.
15.Anjana Trivedi, W/o Shiv Prakash Tiwary, R/o Sagar Vill. Aghoria
Bazar P.S. Kazi, Mohammadpur , Distt. and Town Muzaffarpur. At
present working as Nagar Shikshika Middle School, Kundal Sikandrapur,
Muzaffarpur.
16. Renu Kumari, W/o Sri Arun Kumar Thakur, R/o Kalibari Road, P.S.
Mithanpur, Distt. and Town Muzaffarpur. At present working as Nagar
Shikshika Primary School, Ambedkarnagar, Sinkandarpur, Muzaffarpur.
26. Bibha Trivedi, W/o Sri Arun Kumar Trivedi, R/o at and post Sherpur,
P.S. Sadar, Distt. and Town Muzaffarpur. At present working as Nagar
Shikshika Mahesh Bhagat Middle School, Daudpur, Muzaffarpur.
7 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
7 / 22
18. Sarita Kumari, W/o Sri Sudhir Kumar R/o at Bela Chapra P.O. M.I.C.
Bela Dist. and Town Muzaffarpur. At present working as Nagar Shikshika
Primary School, Krishna Toli, Muzaffarpur.
19. Amrita Kukari, W/o Sri Baiju Sah, R/o Mohalla-Kalyani , Kedarnath
Road, P.S. Sadar, Distt. and Town Muzaffarpur. At present working as
Nagar Shikshika Primary School, Akhara Ghat Bandh Muzaffarpur.
.... Interveners- Respondents
20. Narendra Kumar, Son of Sri Shivaji Upadhyay, R/o Moh. Race Course,
Chakkar, P.S.-Kazi Mohammadpur, District-Muzaffarpur. Presently posted
as Municipal Teacher in Primary School, Ambedkar Nagar, Municipal
Area, Muzaffarpur, District-Muzaffarpur.
21. Rajiv Kumar, S/o Sri Bhagwati Saran, R/o Mohalla-Naya Tola, Saya
Compound, P.O.-Kazi Mohammadpur, District-Muzaffarpur, Presently
posted as Municipal Teacher in Mahesh Bhagat Middle School, Daudpur,
Municipal Area, Muzaffarpur, District-Muzaffarpur.
22. Anamika Kumari, W/o Raman Kumar Pandey, R/o Village and P.O.-
Jalalpur, P.O.- Maniyari, District-Muzaffarpur, Presently posted as
Municipal Teacher in Primary School, Kanhauli Math, Municipal Area,
Muzaffarpur, District-Muzaffarpur.
23. Bandana Kumari, D/o Rajdeo Singh, R/o Village- Fatehpur, P.S.-Turki,
District-Muzaffarpur, Presently posted as Municipal Teacher in Primary
School, Akhara Ghat, Bandh, Municipal Area, Muzaffarpur, District-
Muzaffarpur.
................ Petitioners /Respondents.
======================================================
With
Letters Patent Appeal No.1691 of 2011
IN
Civil Writ Jurisdiction Case No. 13955 of 2010
In
Interlocutory Application No. 7765 of 2011
In
Letters Patent Appeal No.1691 of 2011.
======================================================
1. Narendra Kumar, S/O Sri Shivji Upadhyay, R/O Mohalla - Race Course
8 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
8 / 22
Chakkar, P.S.- Kazi Mohammadpur, District- Muzaffarpur, Presently
Posted as Municipal Teacher in Primary School, Ambedkar Nagar,
Municipal Area Muzaffarpur, District- Muzaffarpur
2. Rajeev Kumar, S/O Sri Bhagwati Sharan , R/O Mohalla- Naya Tola,
Sahay Compound, P.S.- Kazi Mohammadpur, District- Muzaffarpur,
Presently posted as Municipal Teacher in Mahesh Bhagat Middle School,
Daudpur, Municipal Area, Muzaffarpur, District- Muzaffarpur
3. Anamika Kumari, W/O Raman Kumar Pandey, R/O Village and P.O.-
Jalalpur, P.S.- Maniyari, District- Muzaffarpur, Presently posted as
Municipal Teacher in Primary School, Kanhauli Math, Municipal Area
Muzaffarpur, District- Muzaffarpur
4. Bandana Kumari, D/O Rajdeo Singh, R/O Village- Fatehpur, P.S.- Turki,
District- Muzaffarpur, Presently posted as Municipal Teacher in Primary
School, Akhara Ghat Bandh, Municipal Area Muzaffarpur, District-
Muzaffarpur
.... .... Appellant/s
Versus
1. The State of Bihar
2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna
3. The Director, Primary Education, Government of Bihar, Patna
4. The District Magistrate, Muzaffarpur, District- Muzaffarpur
5. The District Superintendent of Education Muzaffarpur, District -
Muzaffarpur
6. The Muzaffarpur Municipal Corporation through the Mayor
7. The Municipal Commissioner, Muzaffarpur Municipal Corporation,
Muzaffarpur
8. The Sub-Inspector of School, Municipal Area Muzaffarpur, District-
Muzaffarpur
(nos. 9 to 17 and nos. 18 to 24 - deleted by order dated 17th November
2011) .......... Respondents/Respondents
25. Poonam Sharma, W/O Shri Sudhir Kumar Sharma, R/O Lal Bhawan
Club Road, P.O.- Ramana, P.S.- Mithanpura, District and Town -
Muzaffarpur, At Present working as Nagar Shikshika, Primary School,
Kanhauli Math, Muzaffarpur.
9 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
9 / 22
26. Seema, W/O Sri Dhirendra Kumar Sinha, R/O Mohalla- Jagdishpuri
(Harsh Nagar), P.O.- Ramana, P.S.- Mithanpura, District and Town -
Muzaffarpur, At Present working as Nagar Shikshika, Primary School,
Kanhauli Math, Muzaffarpur
27. Meera Chaudhary, W/O Sri Chandra Bhushan Chaudhary, R/O Banaras
Bank Chowk, P.S.- Mithanpura, District and Town - Muzaffarpur, At
Present working as Nagar Shikshika, Middle School, Chandawara,
Muzaffarpur.
28. Rekha Mehta, W/O Sri Santosh Kumar Khanna, R/O Jail Road, Pakki
Sarai, P.S.- Mithanpura, District and Town - Muzaffarpur, At Present
working as Nagar Shikshika, Primary Girls School, Burning Ghat,
Muzaffarpur
29. Pushpa Srivastava, W/O Sri Shailendra Kumar Srivastava, R/O
Mohalla- Kanhauli (Shastri Nagar), P.O.- Ramana, P.S.- Mithanpura,
District and Town- Muzaffarpur, At Present working as Nagar Shikshika,
Primary Girls School, Burning Ghat, Muzaffarpur
30. Kumkum Jha, W/O Sri Indra Bhushan Jha, R/O Village- Berua, P.O.-
Bariarpur, Sakara, P.S.- Sakara, District and Town - Muzaffarpur, At
Present working as Nagar Shikshika, Middle School, Kundal Sikandarpur,
Muzaffarpur
31. Anjana Trivedi, W/O Shiv Prakash Tiwary, R/O Sagar Villa, Aghoria
Bazar, P.S.- Kazi Mohammadpur, District and Town - Muzaffarpur, At
Present working as Nagar Shikshika, Middle School, Kundal Sikandarpur,
Muzaffarpur
32. Renu Kumari, W/O Sri Arun Kumar Thakur, R/O Kalibari Road, P.S.-
Mithanpura, District and Town - Muzaffarpur, At Present working as Nagar
Shikshika Primary School, Ambedkar Nagar, Sikandarpur, Muzaffarpur
33. Bibha Trivedi, W/O Sri Arun Kumar Trivedi , R/O At and Post-
Sherpur, P.S.- Sadar, District and Town- Muzaffarpur, At Present working
as Nagar Shikshika, Mahesh Bhagat Middle School, Daudpur, Muzaffarpur
34. Sarita Kumari, W/O Sri Sudhir Kumar, R/O At Bela Chapra, P.O.-
M.I.C. Bela, P.S.- Bela, District and Town- Muzaffarpur, At Present
working as Nagar Shikshika, Primary School, Krishna Toli, Muzaffarpur
35. Amrita Kumari, W/O Sri Baiju Sah, R/O Mohalla- Kalyani Kedarnath
Road, P.S.- Sadar, District and Town- Muzaffarpur, At Present working as
10 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
10 / 22
Nagar Shikshika, Primary School, Akhara Ghat Bandh, Muzaffarpur
.... .... Intervenors/Respondents
======================================================
Appearance :
(In LPA No.1445 of 2011)
For the Appellant/s : Mr. Basant Kr. Choudhary, Sr. Advocate &
Mr. Nityanand Mishra, Advocate.
For the State : Mr. Manikant Mishra, GP 25 &
Mr. Kinkar Kumar, AC to GP 25.
For the respondents 6 - 8: Mr. Ajay Kumar Thakur, Advocate.
(In LPA No.1597 of 2011)
For the Appellant/s : Mr. Sanjay Kumar Verma, Advocate.
For the State : Mr. Manikant Mishra, GP 25 &
Mr. Kinkar Kumar, AC to GP 25.
For the respondents 6 - 8: Mr. Ajay Kumar Thakur, Advocate.
For the respondents 9-19: Mr. Nityanand Mishra, Advocate.
For the respondents 20-23: Mr. S.B.K. Mangalam, Advocate.
(In LPA No.1691 of 2011)
For the Appellant/s : Mr. S.B.K. Mangalam,
Mr. Ravi Ranjan and
Mr. Chandan Kumar, Advocates.
For the State : Mr. Manikant Mishra, GP 25 &
Mr. Kinkar Kumar, AC to GP 25.
For the respondents 6 - 8: Mr. Ajay Kumar Thakur, Advocate.
For the respondents 25-35: Mr. Nityanand Mishra, Advocate.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 30-11-2011These three Appeals preferred under Clause 10 of the 08-12-2011 Letters Patent arise from the judgment and order dated 12 th August 2011 passed by the learned single Judge in above CWJC 11 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 11 / 22 No. 13955 of 2010.
Letters Patent Appeal Nos. 1597 of 2011 and 1691 of 2011 are preferred by the writ petitioners whereas Letters Patent Appeal No. 1445 of 2011 is preferred by the Intervenors.
The matter at dispute is the appointment to the post of Elementary Teachers in Municipal Schools under Muzaffarpur Municipal Corporation.
It appears that pursuant to the Bihar Municipal Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as "the 2006 Rules"), some 11 persons (the appellants in Letters Patent Appeal No. 1445 of 2011) (hereinafter referred to as "the Intervenors") were appointed as Elementary Teachers on 30th November 2006 in the Municipal Schools in Muzaffarpur town. The Intervenors had secured certificate of Prathama awarded by the Hindi Sahitya Sammelan, Allahabad. Since their appointment, on further examination, the said Intervenors were held to be ineligible for appointment as Elementary Teachers. After issuing notice to show cause and considering their reply, their services were terminated on 21st September 2007.
Feeling aggrieved, the Intervenors filed CWJC No. 6266 of 2007. This Court (Coram: Navin Sinha, J) by the judgment and order dated 26th June 2008 allowed the said writ petition and held that the certificate of Prathama awarded to the Intervenors by the Hindi Sahitya Sammelan, Allahabad prior to 31st December 1987 was recognized by the State of Bihar as a qualification equivalent to Matriculation. The Intervenors were, therefore, eligible for appointment as Elementary Teachers in Municipal Schools. The said judgment was confirmed by the 12 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 12 / 22 Division Bench in Letters Patent Appeal No. 297 of 2009. Pursuant to the said judgment, the Intervenors were reinstated in service on 7th September 2009.
It further appears that since termination of the service of the Intervenors on 21st September 2007, the respondent authorities operated the wait list and appointed some 11 persons (the writ petitioners in CWJC No. 13955 of 2010) against the resulting vacancies. Consequent to the order of the High Court in CWJC no. 6266 of 2007 and reinstatement of the Intervenors in service on 7th September 2009; the respondent authorities stopped paying salary to the writ petitioners in CWJC No. 13955 of 2010 (hereinafter referred to as "the writ petitioners").
Feeling aggrieved, the writ petitioners filed CWJC No. 13955 of 2010. In the said writ petition, the Intervenors were allowed to intervene. The learned single Judge was of the opinion that once the original appointees (the Intervenors) were reinstated in service under the orders of the Court, the natural corollary would be removal of the writ petitioners as the appointment of the writ petitioners was contingent and not absolute. In the circumstances, the learned single Judge has directed the respondents to take immediate steps for removal of the writ petitioners from service; but has also held that they were entitled to salary so long as they are allowed to work.
While disposing of the writ petition as aforesaid, the learned single judge also examined the claim of the Intervenors (appellants in Letters Patent Appeal No. 1445 of 2011) to hold that the certificate of Prathama awarded to them by the Hindi Sahitya Sammelan, Allahabad was not recognized by the State of Bihar; not for the period prior to 31st December 1987 either. The 13 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 13 / 22 Intervenors were, therefore, not eligible for appointment as Elementary Teachers in Municipal Schools. In holding so, the learned single Judge relied upon the Division Bench judgment in the matter of Surendra Prasad Sahi Vs. The State of Bihar & Ors. (Letters Patent Appeal No. 654 of 2009 in CWJC No. 1681 of 2009, decided on 4th December 2009) and in the matter of The State of Bihar & Ors. Vs. Mamta Kumari [(2010) 4 PLJR 318].
In view of the said finding and also the judgment of the Hon'ble Supreme Court in the matter of Rajasthan Pradesh Vaidya Samiti, Sardarshahar & Anr. Vs. Union of India & Ors. [(2010) 12 SCC 609], the learned single Judge held, "..... there is no validity of their degree of Prathama obtained from Hindi Sahitya Sammelan, Allahabad as per law declared both by this High Court and Apex Court. This Court is quite concerned about the quality of appointments of such teachers as their teaching will have a bearing on the future generation of students who will be the silent victims or sufferers in the case. To that extent the reinstatement of the interveners does not give them absolute right to continue on the post in the above stated circumstances."
In view of the above referred law declared by this Court and the Hon'ble Supreme Court, the learned single Judge proceeded to issue direction to the respondent authorities to take action against the Intervenors.
Feeling aggrieved insofar as the respondent authorities are directed to take action against the Intervenors, the Intervenors have preferred Letters Patent Appeal No. 1445 of 2011. Feeling aggrieved insofar as the termination of the service of the writ petitioners has been upheld, the writ petitioners have preferred 14 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 14 / 22 Letters Patent Appeal Nos. 1597 of 2011 and 1691 of 2011.
Learned Advocate Mr. Basant Kumar Choudhary has appeared for the Intervenors. He has submitted that the certificate of Prathama was recognized by the State of Bihar as equivalent to Matriculation certificate up to 31st December 1987. Each of the Intervenors had secured the certificate of Prathama prior to 31st December 1987. They are, therefore, eligible for appointment as Elementary Teachers in Municipal Schools. Reliance is placed on the Government order dated 7th January 1987 and the accompaniment (pp 50 to 52). He has also submitted that insofar as the Intervenors are concerned, the matter in respect of legality of their appointment has become final. Once the learned single Judge of this Court had held that their appointment was legal and valid and directed their reinstatement in service; the said order having been confirmed by the Division Bench, the decision in favour of the Intervenors has become final. In absence of further challenge to the order of the Division Bench, the Intervenors have a right to be considered eligible for appointment as Elementary Teachers and have a right to continue as such. He has submitted that even if the decision of the learned single Judge or of the Division Bench were wrong, it having attained finality is binding to the parties, the Intervenors and the respondent authorities.
Learned Advocates Mr. S.B.K. Mangalam and Mr. Sanjay Kumar Verma have appeared for the writ petitioners. Both of them have submitted that indisputably the writ petitioners are trained Matriculates and are eligible for appointment as Elementary Teachers in Municipal Schools. They being eligible and having been drawn from the wait list, they have a right to continue in service on the available vacancies even after the 15 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 15 / 22 Intervenors were reinstated in service.
In furtherance of the Right to Education conferred by the 08-12-2011 Constitution and for expansion and improvement of elementary education in the urban areas of the State of Bihar; the Government of Bihar has, in exercise of the powers conferred by the Constitution and the Bihar Municipality Act, 1922, framed the 2006 Rules. The said Rules provide for recruitment and service conditions of the elementary teachers in urban areas. Rule 8 thereof provides for eligibility. Prior to its amendment in 2008, Rule 8 of the 2006 Rules provided, inter alia, that for appointment as Municipal Teacher (Trained), the candidate shall:
(1) be the citizen of India and the resident of the State of Bihar;
(2) have passed Higher Secondary / Intermediate or equivalent examination from a school / a college recognized by the Government;
(3) have the qualification of Two Years' Teachers Training Diploma or Two Years' Certificate or a Degree in Elementary Education or a Degree in Education with Graduation or equivalent qualification from a training institution recognized by the National Council for Teacher Education.
However, in case of the first employment under the said Rules, Rule 8 permitted employment of such candidates, who had passed Matriculation or equivalent examination from a recognized school and had, prior to the National Council for Teacher Education Act, passed the Two Years' Teachers 16 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 16 / 22 Training Examination or B.Ed. from a recognized training school or college.
Since its amendment in 2008, the said Rule 8 provides, inter alia, for a minimum qualification of Higher Secondary / Intermediate or equivalent examination from a school / college or Board recognized by the Government. It also provides that an equivalent degree awarded by the voluntary organization is not recognized for employment of teacher. Clause 3 thereof provides for a Two Years' Teachers Training Diploma / Certificate or Two Years' Certificate or a Degree in Elementary Education or B.Ed. from a training institution recognized by the National Council for Teacher Education.
Thus, it is apparent that a person seeking appointment as Elementary Teacher in Municipal School shall possess a minimum qualification of Higher Secondary or Intermediate or equivalent qualification. Such person shall also have a Two Years' Teachers Training Certificate / Diploma. It is only in exceptional cases where trained persons who have passed Intermediate / Higher Secondary / equivalent examination are not available; a trained person with lesser qualification of Matriculation can be employed as a teacher. In any case, Two Years' Teachers Training Certificate / Diploma is a sine qua non.
In the present case, the Intervenors claim to have obtained certificates of Prathama awarded by Hindi Sahitya Sammelan, Allahabad, equivalent to Matriculation certificate. We may note here that the Rules of 2006 envisage a minimum qualification of Intermediate or Higher Secondary. It is not the case of the Intervenors that they do possess the qualification of Higher Secondary or Intermediate or an equivalent qualification.
17 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-201117 / 22 In our opinion, irrespective of the equivalence of Prathama with that of Matriculation Certificate, the Intervenors could not have been considered for appointment as Elementary Teachers in Municipal Schools, unless it is shown that the trained candidates possessing Higher Secondary / Intermediate Certificate / equivalent qualification were not available.
As to the certificates awarded by the Hindi Sahitya Sammelan, Allahabad the Division Bench had, in the matter of Mamta Kumari (supra), the occasion to examine the equivalence of Madhyama awarded by the Hindi Sahitya Sammelan, Allahabad to that of Intermediate or Higher Secondary Examination in respect of appointment of Primary Teachers in Gram Panchayats. The Bench considered the provisions of the Bihar Education Code and examined the recognition certificate. The Bench observed that no certificate awarded by the Hindi Sahitya Sammelan, Allahabad was ever recognized by the State of Bihar as equivalent to Matriculation or Higher Secondary or Intermediate, as the case may be. The Bench further observed that it was the Prathama awarded by the Hindi Viswavidyalaya, Allahabad that was considered to be equivalent to Matriculation or Secondary School Examination and the Madhyama awarded by the said Hindi Viswavidyalaya, Allahabad was considered equivalent to Intermediate examination, provided that the candidate had passed equivalent examination in English from a recognized University or a Board.
We have examined Article 358 of the Bihar Education Code. The said Article deals with "Recognition of certificates from National Universities". The said Article reads as under:-
"358. Recognition of certificates from National 18 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011
18 / 22 Universities.- Examinations conducted by National Universities enumerated in the following table should be treated as equivalent to the degrees granted by a recognized University mentioned opposite each in column III and that candidates who have passed any of examinations mentioned in column 1 upto the end of the year 1965 or year mentioned against their names should be tested as eligible for appointment to a post or service under Government (except to a post of teacher. In case of teachers valid for promotion only) for which success at any of the corresponding examination of a recognized University is laid down as qualification for appointment to that post or service:-"
The said certificate of recognition / equivalence does not refer to Hindi Sahitya Sammelan, Allahabad at all. Hence, it is evident that at no point of time any of the certificates awarded by the Hindi Sahitya Sammelan, Allahabad was considered equivalent to Matriculation or Higher Secondary or Intermediate examination as the case may be, by the State of Bihar.
The reliance placed on Government order dated 7 th January 1987 and the accompaniments (pp 50 to 52 of the paper book) is totally misleading. The accompanying equivalence certificate refers, inter alia, to Hindi Viswavidyalaya, Allahabad and not to the Hindi Sahitya Sammelan, Allahabad.
We are at pains to note that though the aforesaid Government Order has made a specific exception in respect of appointment to the post of teacher, the said order is being cited by the learned Advocates time and again without reference to the aforesaid exception. Had that exception been brought to the 19 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 19 / 22 notice of the Court, several proceedings and diverse orders / judgments could have been avoided.
We may also observe that the claim that the Hindi Sahitya Sammelan, Allahabad and the Hindi Viswavidyalaya, Allahabad are one and the same institution is highly questionable. The information imparted by the Hindi Sahitya Sammelan, Allahabad in that respect (page 173 of the paper book) is of no consequence.
In our opinion, the Intervenors' claim for eligibility should fail on all counts. First, the certificate awarded by the Hindi Sahitya Sammelan, Allahabad is not recognized by the State of Bihar at all; second, the Certificate of Prathama is not considered equivalent to Higher Secondary or Intermediate examination, the required qualification. Third, the equivalence accepted by the State Government was not extended for employment as "teacher".
As we have recorded hereinabove, the minimum qualification required for appointment as Elementary Teacher in Municipal Schools is Higher Secondary or Intermediate or an equivalent examination. Indisputably, the intervenors do not possess the qualification of Higher Secondary or Intermediate nor do they claim that the Certificate of Prathama obtained by them is equivalent to Higher Secondary or Intermediate Examination; nor it is the case of the respondent authorities that at the relevant time qualified trained, Higher Secondary or Intermediate pass candidates were not available.
We have examined the certificates of Prathama awarded to the Intervenors copies of which are produced on the record of the Appeal. A closer look to the said certificates creates doubt 20 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 20 / 22 about the genuineness of the course allegedly conducted by the Hindi Sahitya Sammelan, Allahabad. The Certificates indicate that the concerned certificate has been issued by the Hindi Sahitya Sammelan, Allahabad (Hindi Viswavidyalaya). Each candidate is declared to have passed the examination in 1986/1987 in First Class. The heading "Hindi Sahitya Sammelan, Allahabad (Hindi Viswavidyalaya)" itself is misleading. Further, each candidate seems to have taken examination from different centers situated in the State of Bihar. In our view, no person can be appointed as a teacher on the basis of such certificate.
This brings us to the question whether the eligibility of the Intervenors having been upheld by this Court, the decision of the Court having attained finality; should this Court upset the finding. We do agree with Mr. Basant Kumar Choudhary that the decision in CWJC No. 6266 of 2007 rendered in favour of the Intervenors has attained finality. The said judgment is, therefore, binding to the parties. Nevertheless, in the extra-ordinary circumstances we are pitted against; we are tempted to interfere as we share the anxiety about the quality of elementary education expressed by the learned single Judge. The judgment in CWJC No. 6266 of 2007 is evidently erroneous. First, the provisions contained in the relevant rules (the Rules of 2006) regarding eligibility prescribed under Rule 8 of the Rules of 2006 were not brought to the notice of the learned single Judge. The matter proceeded on the assumption that the required qualification was Matriculation or equivalent qualification instead of Higher Secondary or Intermediate examination or an equivalent qualification. Second, the above referred provisions contained in the Bihar Education Code and the certificate of equivalence 21 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 21 / 22 referred to therein was also not brought to the notice of the learned single Judge. It was not brought to the notice of the learned single Judge that the course / certificate recognized was the one conducted / awarded by the Hindi Viswavidyalaya, Allahabad. The Court was misled to believe that the Hindi Sahitya Sammelan, Allahabad and Hindi Viswavidyalaya, Allahabad were one and the same institution on a bare statement made by the Intervenors.
In our opinion, the learned single Judge has rightly held that the Intervenors being not eligible for appointment as Elementary Teachers in Municipal Schools, the respondent authorities shall take steps to remove the Intervenors or to cancel their appointments as being invalid.
As to the writ petitioners, it is apparent that their appointments were fortuitous; the writ petitioners had no right to continue in service on reinstatement of the Intervenors in service, the removal of the writ petitioners from service was a natural consequence. Although, so long as the writ petitioners are continued in service, they have a right to receive salary. The respondent authorities are, therefore, liable to pay salary to the writ petitioners until and unless their service is terminated. If such salary is not paid as yet, the respondent authorities will pay the amount of arrears of salary to the writ petitioners within two months from today.
For the aforesaid reasons, subject to the observation made and direction issued in respect of the Intervenors and the writ petitioners, these Appeals are dismissed. Interlocutory Applications stand disposed of.
Registry will send copy of this judgment to the Secretary 22 Patna High Court LPA No.1445 of 2011 (6) dt.30-11-2011/08-12-2011 22 / 22 to the Government of Bihar, Human Resources Development Department, Patna to ensure that the proper instructions are issued to the selecting and appointing authorities.
(R.M. Doshit, CJ) (Birendra Prasad Verma, J) AFR Dilip.