Patna High Court - Orders
Md. Bashar Faruque vs The State Of Bihar And Ors on 31 January, 2022
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24355 of 2018
======================================================
Noorus Sabah, Daughter of Late Md. Abdul Ali, resident of nagar Parishad,
Police Station- Pirbahore, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Human Resource
Development Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Human Resource Development Department, Govt.
of Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The District Magistrate, Patna.
5. The District Education Officer, Patna.
6. The District Programme Officer, Establishment, Patna.
7. The Block Education Officer, Barh Block, District Patna.
8. The Block Education Officer, Daniyawan Block, District- Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9350 of 2016
======================================================
1. Shamim Ahmad Prawez and Ors son of Late Sekhawat Hussain resident of
Sekhawat Bara, Muslim Road, Police Station- Nawada, District- Nawada.
2. Vijay Kumar Sharma Son of Sri Jageshwar Sharma resident of Village-
Khaira Khurd, Police Station- Govindpur, District- Nawada
3. Yadunandan Prasad son of Baleshwar Singh resident of Sohdih, Police
Station- Giriyak, District- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary Human Resources Department, Ministry Education
Department, Bihar, Patna.
3. The Registrar, Magadh University, Bodh Gaya
4. The Principal, Sohsarai College, Biharsharif, Nalanda.
5. The Director, Primary Education, Education Department, Bihar, Patna.
6. The District Magistrate, Nawada
7. The District Education Officer, Nawada.
8. The District Programme Officer Establishment, Nawada. null null
9. The Block Education Officer, Hisua, Nawada null null
10. The Block Education Officer, Nawada, Nawada.
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022
2/15
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 24551 of 2018
======================================================
Mina Kumari Daughter of Sri Moti Prasad Resident of Village- Khanetu,
Post- Khanetu, Police Station- Panchanpur (Tekari), District- Gaya
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors through Principal Secretary, Human Resource
Development Department, Govt. of Bihar, Patna
2. The Principal Secretary, Human Resource Development Department, Govt.
of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The District Magistrate, Gaya
5. The District Education Officer, Gaya
6. The District Programme Officer, Establishment, Gaya
7. The Block Education Officer, Gaya
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 24801 of 2018
======================================================
Md. Shamim Ahmad son of M.D. Nezamuddin resident of village-
Singhori,Ploice Station-Singhori,District-Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary,Human Resource Development Department , Govt.
of Bihar,Patna
3. The Director,Primary Education ,Bihar, Patna
4. The District Magistrate, Patna
5. The District Education Officer,patna
6. The District Programme Officer,Establishment, Patna
7. The Block Education Officer,Bihta Block,District, Patna.
8. The Block Education Officer, Dulhin Bazaar Block,District-Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 24880 of 2018
======================================================
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022
3/15
Birjees Jahan Daughter of Sayyad Aminul Islam, Resident of village
Biharsarif, Police Station - Laheri, District - Nalanda
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Human Resource Development Department, Govt.
of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna.
4. The District Magistrate, Patna
5. The District Education Officer, Patna
6. The District Programme Officer, Establishment, Patna
7. The Block Education Officer, Khusrupur Block, District Patna
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2044 of 2019
======================================================
Md. zafar imam Son of Md. Absar Ali R/o Vill- Kasba, P.S. Shambhuganj,
Distt.Banka.
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through the Principal Secretary, Human
Resources Development Department, Govt. of Bihar, Patna
2. The Principal Secretary, Human Resources Development Department, Govt.
of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna Bihar
4. The District Magistrate, Banka
5. The District Education Officer, Banka
6. The District Programme Officer, Establishment, Banka
7. The Block Education Officer, Belhar Block, District Banka
8. The Block Education Officer, Rajaun Block, Distt. Banka
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2413 of 2019
======================================================
Md. Bashar Faruque Son of Abdul Gafur Resident of Village- Ujani, Police
Station- Naugachia, District- Bhagalpur
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors through Principal Secretary, Human Resource
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022
4/15
Development Department, Govt. of Bihar, Patna
2. The Principal Secretary, Human Resource Development Department, Govt.
of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The District Magistrate, Sheikhpura
5. The District Education Officer, Sheikhpura
6. The District Programme Officer, Establishment, Sheikhpura
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2819 of 2019
======================================================
1.1. Afroz Begum W/o Late Md. Habibur Rahman Resident of Village-
Manjathi, Police Station- Bandeya, District- Aurangabad.
1.2. Md. Faizan Sarwar Ansari Son of Late Md. Habibur Rahman Resident of
Village- Manjathi, Police Station- Bandeya, District- Aurangabad.
1.3. Md. Gulam Sarwar Ansari Son of Late Md. Habibur Rahman Resident of
Village- Manjathi, Police Station- Bandeya, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Human Resource
Development Department, Govt. of Bihar, Patna
2. The Principal Secretary,Human Resource Development Department,Govt. of
Bihar,Patna
3. The Director, Primary Education,Bihar,Patna
4. The District Magistrate, Aurangabad
5. The District Education Officer, Aurangabad
6. The District Programme Officer, Establishment,Aurangabad
7. The Block Education Officer,Daudnagar, Aurangabad
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2853 of 2019
======================================================
Md. jamaluddin nasir ansari Son of Sagir Ahmad Ansari R/o Village- Islam
Toli, P.S. Aurangabad, Distt.Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through Principal Secretary, Human Resources
Development, Govt. of Bihar, Patna
2. The Principal Secretary, Human Resources Development Department, Govt.
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022
5/15
of Bihar,Patna.
3. The Director, Primary Education, Bihar, Patna
4. The District Magistrate, Aurangabad. Bihar
5. The District Education Officer, Aurangabad, Bihar
6. The District Programme officer, Establishment, Aurangabad, Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 5782 of 2021
======================================================
1. RAJIV RANJAN SINHA S/o Shri Brijnandan Singh Resident of village-
Gotiya, P.o. and P.s.- Asthawan, District- Nalanda
2. Ashok KUmar Sinha S/o Shri Prasad resident of village and p.o. and ps.-
Bind, District- Nalanda
3. Ramesh Prasad S/o Late Brijnandan Mahto resident of village and P.o.-
Bouri, P.s.- Kashichak, District- Nawada
4. Shahda Rahat, W/o Md. Ilyas resident of village and P.o.- Chakandara, P.s.-
Chewara, District- Shiekhpura
5. Md. Rashid Akhter S/o Late Abu Mustaque Ahmed resident of moh-
Yahiyapur , P.o. and P.s.- Sheikhpura, District- Sheikhpura
6. Alakh Niranjan S/o Late ramdev Singh resident of village and P.o. and P.s.-
Salimpur via Khusrupur, District- Patna
7. Md. Abid Ansari S/o Md. Ilyass Ansari resident of village- Hansdit, P.o. and
P.s. and District- Jamui
8. Md. Mansoor Alam S/o Md. Mahmood Alam resident of village Adsar, P.s.
and District- Jamui
9. Md. Jawed Karim S/o Late Syed Raja Karim Shaharwardi, resident of
village- Makhdumpur via Baidrabad, P.s.- Parsi, District- Arawal
10. Md. Zubair Khan S/o Md. Quadir Khan resident of mohalla- Kamruddin
Ganj, P.o.- Bihar Sharif, P.s.- Laheri District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna
2. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna
3. The District Education Officer, Arawal
4. The District Education Officer, Sheikhpura
5. The District Education Officer, PUrnia
6. The District Education Officer, Jamui
... ... Respondent/s
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022
6/15
======================================================
with
Civil Writ Jurisdiction Case No. 12472 of 2021
======================================================
1. Ashok Kumar Malakar S/o Late Mishri Bhagat Resident of mohalla
Nimganj, P.S.- Bihar Sharif, District- Nalanda.
2. Ranjan Kumar Sinha S/o Shri Yogendra Prasad Resident of mohalla Amber,
P.S.- Bihar Sharif, District- Nalanda.
3. Sunil Kumar S/o Dwarika Singh Resident of Village Chainpur, P.S.- Bena,
District- Nalanda.
4. Umesh Prasad S/o Late Anandi Mahto Resident of Village Nanan, P.S.-
Silao, District- Nalanda.
5. Md. Shaukat Ali Khan S/o Late Md. Manjoor Khan Resident of mohalla
Kaghzi, P.S.- Bihar Sharif, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary,Education Department,
Govt. of Bihar, Patna.
2. The Director Primary Education, Education Department, Govt. of Bihar,
Patna.
3. The District Education Officer Nalanda at Bihar Sharif.
4. The District Education Officer Nawada.
5. The District Programme Officer (Establishment) Nalanda at Bihar Sharif.
6. The District Programme Officer (Establishment) Nawada.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 24355 of 2018)
For the Petitioner/s : Mr. Ram Sagar Singh, Advocate
Mr. Sanjeev Kumar Singh, Advocate
For the Respondent/s : Mr. Jitendra Kr. Roy 1, SC-13
(In Civil Writ Jurisdiction Case No. 9350 of 2016)
For the Petitioner/s : Mr. Uma Shankar Sharma, Advocate
For the Respondent/s : Mr. Devendra Kr. Sinha- Aag2
(In Civil Writ Jurisdiction Case No. 24551 of 2018)
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar Gp17
(In Civil Writ Jurisdiction Case No. 24801 of 2018)
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar- Gp17
(In Civil Writ Jurisdiction Case No. 24880 of 2018)
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Mr. Madhaw Pd.Yadav -Gp23
(In Civil Writ Jurisdiction Case No. 2044 of 2019)
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (Gp17)
(In Civil Writ Jurisdiction Case No. 2413 of 2019)
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022
7/15
For the Respondent/s : Mr. Ashutosh Ranjan Pandey (Aag15)
(In Civil Writ Jurisdiction Case No. 2819 of 2019)
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Mr. Prabhakar Jha (Gp27)
(In Civil Writ Jurisdiction Case No. 2853 of 2019)
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Ms. Binita Singh (Sc28)
(In Civil Writ Jurisdiction Case No. 5782 of 2021)
For the Petitioner/s : Mr. Ram Sagar Singh, Advocate
For the Respondent/s : Mr. Lalit Kishore ( Ag )
(In Civil Writ Jurisdiction Case No. 12472 of 2021)
For the Petitioner/s : Mr. Ram Sagar Singh, Advocate
For the Respondent/s : Mr. Prabhakar Jha ( Gp27 )
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
15 31-01-2022Heard Mr. Ram Sagar Singh, learned Advocate for the petitioner in CWJC No. 24355 of 2018 and other cases which are tagged along with this case as well and Mr. Jitendra Kumar Roy-I, learned SC-13 for the State.
In these writ petitions, the petitioners who are Government Teachers have sought direction to the respondents not to discontinue their services on the ground that they have obtained their B.Ed degree from Soghara Institute, affiliated to Magadh University and the payment of salary to them be resumed or continued as the case may be.
It has been submitted on behalf of the petitioners that pursuant to an Advertisement No. 210, Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 8/15 applications were invited by the Bihar Staff Selection Commission, Patna for appointment of Trained Teachers on 34540 posts in the primary schools. Some of the petitioners also applied for Trained Assistant Teachers in regional subjects.
A list of eligible candidates was prepared. The entire selection process went into controversy and the Hon'ble Supreme Court appointed Hon'ble Justice S.K. Chattopadhyay, a retired Judge of this Court to complete the finalization of the list.
Finally, after scrutiny, the Commission recommended the names of 34540 teachers, which recommendation was approved by the Hon'ble Supreme Court.
The name of all the petitioners figure in the aforesaid recommendation of the Commission. Thereafter the petitioners were appointed and were issued appointment letters for different schools. Approximately six years later, these petitioners were Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 9/15 asked to submit their explanation with respect to the genuineness of their B.Ed degree and they were also proceeded against departmentally by issuance of charge memo. Shortly thereafter, their salaries were also stopped. The situation remained as such and the petitioners were not paid any salary.
Later, on conclusion of the departmental proceeding which was conducted in a very lop-sided manner, their services were terminated, holding that the training certificate issued by Soghra College of Education is not at all acceptable as it was never affiliated with the University and therefore not recognized by the Government.
In cases of some of the petitioners, the departmental proceeding is still continuing.
It has been submitted on behalf of the petitioners that a peculiar stand has been taken by the Government in discontinuing the services of the petitioners. Soghra Institute is a minority institution and Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 10/15 several correspondences have been brought on record in these writ petitions indicating that permission was granted to the Institute for running the course and admitting students for various sessions.
The learned counsel for the petitioners has also brought on record of an impromptu order passed by the then Chief Minister for recognizing the certificates issued by the Soghra Institute of Magadh University.
It has been brought to the notice of this Court that when some of the candidates, whose names were not recommended had approached the Supreme Court, it was directed by the Supreme Court that they may approach the concerned respondents and the concerned High Court but all those persons who had been recommended and appointed against 34540 seats shall not to be distributed.
Based on these observation and the fact that Soghra Institute was never de-recognized, the petitioners claim that their termination from service or Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 11/15 non-payment of salary for all this while is not warranted.
It has further been submitted that even in the departmental proceeding, after the inquiry report, no opportunity was given to the petitioners for explaining their cause.
Thus, it has been prayed that for no good reason, the petitioners in these writ petitions have been devoid of their right to continue in service and being paid for the same. Even in cases of some of the petitioners the inquiry report was not served upon them.
As opposed to the aforesaid contention, Mr. Jitendra Kumar Roy-I, learned SC-13 has drawn the attention of this Court that a litigation with respect to the certificates issued in the B.Ed course by Soghra Institute and against the order passed by a learned single Judge of this Court directing the State Government to consider the Soghra Institute in the list of recognized affiliated institutions, a Division Bench of this Court in LPA disagreed and found that the University Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 12/15 had never given affiliation to the Soghra Institute of Education.
The aforesaid order passed in LPA No. 1241 of 2014 has been brought on record.
He further submits that no person who has obtained B.Ed degree from Soghra Institute is presently in service of Government Teachers as the aforesaid Institution has not been recognized and it falls in one of the fake/non-existent institutions of the State of Bihar.
This Court is surprised at the manner in which correspondence has been made between the Government officials in the Education department, the office bearers of the Magadh University and the college in question.
What appears from the correspondences which has been brought on record is that for some time, Soghra Institute was granted temporary affiliation and precisely for that reason, candidates were permitted to take admission and such candidates were also permitted Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 13/15 to appear in the examination. Their results were published by Magadh University and not by Soghra Institute independently in its capacity as a minority institute.
When was temporary affiliation granted or not granted and when the same was withdrawn remains a mystery. How many students have passed B.Ed and in which sessions is also required to be brought on record.
It appears that the Magadh University has been blowing hot and cold and has been issuing correspondences and taking decisions in an adhoc manner which not only has created confusion but has also resulted in loss of career opportunities to many of the aspiring candidates.
This Court does not have any idea at present regarding the present status of Soghra Institute of Training.
However, instead of noticing the aforesaid institute, this Court deems it appropriate to direct for Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 14/15 impleadment of the Registrar and the Vice-Chancellor of the Magadh University, Bodh Gaya as a party- respondents in this case.
The Registry is directed to make amendment in the cause title within a period of two days.
The notice to the Magadh University is accepted by Mr. Ritesh Kumar, learned Advocate who is present.
Let an affidavit on behalf of the Magadh University sworn either by the Registrar or the Vice- Chancellor be furnished by the next date indicating in detail as to under what circumstances and when temporary affiliation was granted to Soghra Institute and when was it withdrawn.
The affidavit shall surely contain categorical statement with respect to the status of the Soghra Institute of Learning and the status of such students who were awarded the B.Ed degree under the aegis of Magadh University for which training had been imparted in the Soghra Institute of Training.
Patna High Court CWJC No.24355 of 2018(15) dt.31-01-2022 15/15 Let such affidavit be filed positively by the next date or else an adverse view shall be taken of the entire functioning of the University.
Re-notify on 28th of February, 2022.
Mr. Jitendra Kumar Roy-I, learned SC-13 is requested to handover a complete copy of the brief to Mr. Ritesh Kumar, learned Advocate for the respondent Magadh University.
(Ashutosh Kumar, J) krishna/-
U