Patna High Court
Kishwar Sultana & Ors vs The State Of Bihar & Ors on 2 August, 2016
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11303 of 2014
===========================================================
1. Kishwar Sultana W/o Late Nasim Ahmad R/o Mohalla - Ganj No. 2, P.S. Batiah
Town, West Champaran, presently Posted in Anjuman Islamia Primary School, P.S.
Motihari, East Champaran
2. Rajiv Ranjan S/o Late Rajan Kumar Verma R/o Mohalla - Chandmari, P.O.
Motihari, East Champaran, presently posted in Hiralal Sah Middle School,
Motihari, East Champaran
3. Bhola Prasad Sah S/o Yado Lal Prasad R/o Village AND P.O. Kapoorpakari,
Chiraiya, District - East Champaran, presently posted in Middle School Bhaluahi,
Chiraiya, District - East Champaran
4. Rakesh Kumar Thakur S/o Ram Babu Thakur R/o Village AND P.S. Misraulia,
Chiraiya, District - East Champaran, presently posted in Primary School Chiraiya (
Night ), East Champaran
5. Vivek Ranjan D/o Bisheshwar Prasad Verma R/o Mohalla - Agarwa, P.O.
Motihari, East Champaran, Presently Posted in Primary School Patjilwa ( Boys ),
Chiraiya, East Champaran
6. Ashok Kumar Singh S/o Satya Narayan Singh R/o Village AND P.O. Kotwam,
District - East Champaran, presently posted in Middle School Jasaulipatti, Kotwa,
East Champaran
7. Varun Kumar S/o Late Madan Mohan Upadhyaya R/o Village - Bankatwa, P.S.
Pahadpur, East Champaran, Presently posted in Upgraded Middle School,
Lakshmipur Kalwari, East Champaran
8. Pradip Kumar S/o Late Satya Narayan Singh R/o Village - Bijulpur, P.O.
Chainpur, East Champaran presently posted in Upgraded Middle School Sapahi
Jatwa, Turkaulia, East Champaran
9. Ajit Kumar S/o Late Mithhu Raut R/o Village AND P.O. Semra, Banjariya,
East Champaran, presently Posted in Middle School Chiknauta Kanya, Sugauli,
East Champaran
10. Suman Kumar S/o Late Madan Mohan Singh R/O Village AND P.O.
Laukariya, East Champaran, presently posted in Primary School, Anandsagar,
Raxaul, East Champaran
11. Iftekar Ahmad S/o Farman Ali R/o village - Bela, P.O. Ramghadwa, East
Champaran, presently posted in Primary School Raxaul ( Urdu ), Raxaul, East
Champaran
12. Md. Jawed Alam S/o Late Iftekar Ahmed R/o village - Mashi, P.O. Jitpur, East
Champaran, presently posted in Middle School Hiramani, Chhadadano, East
Champaran
13. Dineshwar Pandit S/o Late Dukhit Pandit R/o Village - Tiakam, P.O. Gulwara
Madhuban, East Champaran, presently posted in Upgraded Middle School
Narayanpur, Madhuban, East Champaran
14. Raju Kumar S/o Late Jagdish Prasad R/o Mohalla - Bisari Patti, P.O. Motihari,
East Champaran, presently posted in Middle School, Azagari, Banjariya, East
Champaran
15. Sujit Kumar S/o Late Sarvadeo Tiwari R/o Village AND P.O. Mirpur, East
Champaran, presently posted in primary School Bhawanipur Jirat, Motihari, East
Champaran
16. Raj Narayan Mishra S/o Late Rameshwar Mishra R/o Village AND P.O.
Dumra, Kotwa, East Champaran presently posted in Upgraded Middle School
Lakshmipur Kalbari Tola, Turkaulia, East Champaran
Patna High Court CWJC No.11303 of 2014 dt.02-08-2016
2/6
17. Aminnurashid D/o Late Harun Rashid R/o Mohalla - Agarwa, P.O. Motihari,
East Champaran, Presently Posted in Primary School Hardia ( Urdu ), Turkaulia,
East Champaran
18. Subodh Kumar S/o Tej Bahadur Prasad R/o Village AND P.O. Fulwar,
Banjaria, East Champaran, presently posted in Upgraded Middle School, Khora,
Sugauli, East Champaran
19. Satya Narayan Rai S/o Late Madho Rai R/o Village - Sugapipar, P.O. Mujia,
East Champaran, presently posted in Upgraded Middle School,
20. Rajiv Ranjan S/o Late Sushil Kumar Sharma R/o Village AND P.O. Jihuli,
East Champaran, presentlty posted in Upgraded Middle School, Mohhamadpur
Balak, Patahi, East Champaran
21. Shailendra Prasad S/o Awadhesh Prasad R/o village AND P.O. Sirisia Khurd,
East Champaran, presently posted in Upgraded Middle School, Hardia, Raxaul,
East Champaran
22. Om Prakash Baitha S/o Late Dularchand Baitha R/o Barbari, P.S. Adapur, East
Champaran, presently posted in Upgraded Middle School, Bihdhyabasini,
Chhadadano, East Champaran
23. Md. Sabir S/o Late Jainul Obaidin R/o Village AND P.O. Madhopur, East
Champaran, presently posted in Upgraded Middle School, Siswaskanya ( Urdu ),
East Champaran
24. Kumari Sangita W/o Late Ram Kishore Prasad R/o Village AND P.O.
Banjaria, East Champaran, presently posted in Upgraded Middle School, Singhiya,
Banjaria, East Champaran
25. Shailendra Kumar S/o Late Ram Nagina Singh R/o Village AND P.O.
Madhubani Ghat, East Champaran, presentlty posted in primary School, Haraj,
Motihari, East Champaran
26. Saiyad Salim S/o Saiyad Abdul Rauf R/o Mohalla - Nakchhed Tola, P.O.
Motihari, East Champaran, presently posted in Gajanand Radh Krishna Sikaria
Middle School, Motihari, East Champaran
27. Md. Farooque Raza Mansoori S/o Late Md. Yunus R/o village AND P.O.
Semrahia, Chhodadano, East Champaran, presently posted in Primary School
Khairwa, East Champaran
28. Vinay Kumar Singh S/o Late Baliraj Singh R/o Village AND P.O. Semra,
Banjariya, East Champaran, presently Posted in Middle School Lamaunia, East
Champaran
29. Birendra Kumar S/o Late Ram Charitra Ram R/o Village AND P.O. Bijbani,
East Champaran, presently posted in Upgraded Middle School, Bhagwanpur, East
Champaran
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education,
Government of Bihar, Patna
2. The Principal Secretary, Department of Education, Government of Bihar, Patna
3. The Principal Secretary, Department of Finance, Government of Bihar, Patna
4. The Director (Primary Education), Government of Patna, Patna
5. The District Magistrate, East Champaran at Motihari.
6. The District Education Officer, East Champaran at Motihari
7. The District Programme Officer (Establishment), East Champaran, at Motihari
.... .... Respondent/s
===========================================================
Patna High Court CWJC No.11303 of 2014 dt.02-08-2016
3/6
Appearance :
For the Petitioner/s : Mr. Amarendra Kumar
For the Respondent/s : Mr. Anuj Kumar, AC to GP 24
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
ORAL JUDGMENT
Date: 02-08-2016
Petitioners are all working as Assistant Teachers. They
were all untrained when they came to be appointed and, therefore, the
necessity of not only completing the training but of passing the
training examination was made a must for grant of matric trained
scale. There is history behind such matters but they are not of
relevance so far as the issue raised in the present writ application is
concerned.
These petitioners want a direction upon the respondents
to grant them benefit of matric trained scale from a date prior to what
has been conferred upon them by virtue of Annexure- 8, dated
18.1.2014.
It is rather unfortunate that at times policy decisions are taken by the State of Bihar with very limited objective and purposes without understanding the implication of such decision or whether such decisions are inconformity with the law of the land and the statute governing such issues.
By way of an innovation and only with the objective of providing some kind of training to these untrained teachers, a tie up Patna High Court CWJC No.11303 of 2014 dt.02-08-2016 4/6 was done with an Open University for a short duration course without taking the approval of such course or contents thereof from National Council of Teachers Education. Since the National Council of Teachers Education (NCTE) is the statutory body and is creation of a central statute, any decision with regard to such training and the courses to be imparted to the teachers in a State has to conform to the standards and norms laid down by NCTE. When the issue was raised and NCTE refused to give any recognition to such innovation or course, as a special gesture and on earnest request made by the State of Bihar, a capsule course for training for six months was evolved and it was made mandatory to complete that course and pass the examination thereafter to derive benefit of the previous course, which was rendered by the Open University.
The petitioners want grant of benefit of matric trained scale from an earlier date or at least from the date when these petitioners had completed earlier module, which is known as DPE course.
Ironically, the stand of the State in the counter affidavit is that since the DPE course was not an approved course by the NCTE and on the directive of the NCTE a six months special capsule was added to the DPE course and since it was mandatory, to beget recognition to the said course, the actual date of passing of the course Patna High Court CWJC No.11303 of 2014 dt.02-08-2016 5/6 in entirety or in toto is the date from which the benefit of matric trained scale can be given and this is what has been done by the respondents.
The submission of the counsel for the petitioners now is that the petitioner cannot be faulted or punished for doing a course, which has been held to be unrecognized or invalid, because they were made to undergo that course at the instance of the State Government.
The Court can only observe that if the State Government compelled the petitioners to do an invalid course, the petitioners can sue the State authorities for appropriate compensation but that cannot be made a basis for conferring a seal of approval and that too judicial kind to otherwise an illegal act or decision based on which an innovative kind of course was used to show training of the petitioners.
In the above facts and circumstances, the petitioners can only be treated to have passed the training examination after completing the entirety of the training and the examination including the module, which was suggested and worked out by the NCTE to redeem the situation. No benefit can accrue to any person who has otherwise not completed the training or on a training, which has no statutory recognition by the statutory authority.
A submission is made that a direction should be issued upon the respondents not to effect any recovery for the benefit already Patna High Court CWJC No.11303 of 2014 dt.02-08-2016 6/6 granted and in support thereof counsel for the petitioners draws the attention of this Court to a decision rendered in the case of State of Punjab & others Vs. Rafiq Masih (White Washer) & others, reported in (2015) 4 SCC 334.
The principle laid down by the Hon'ble Apex Court has been taken into consideration by this Court but keeping in mind that this benefit has been extended to the petitioners not in the distant past and they are still in service, the basic principle that no employee can beget an advantage of any kind of payment from public exchequer beyond what he is entitled to will have to be kept in mind and no recovery principle cannot be used as a proposition of law in all facts and circumstances.
In view of the same, writ application stands dismissed. No relief can be extended to the petitioners for the above stated reasons.
(Ajay Kumar Tripathi, J)
sk
AFR/NAFR AFR
CAV DATE
Uploading Date 04.8.2016
Transmission
Date