RAJNEESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS in C.W.J.C. Nos. 13319 of 2006, 13314 of 2006, 13173 of 2006 and 13312 of 2006 passed their Matriculation, Intermediate, Graduate level examination from different institution recognized by the State and degree of Shiksha Visharad from Hindi Sahitya Sammellan, Prayag, Allahabad (hereinafter referred to as the Sahitya Sammellan) before 17.8.1995, the date on which the National Council for Teacher Education Act, 1993 (hereinafter referred to as the Act) came into force. Petitioners in C.W.J.C. nos. 12635 of 2006, 13547 of 2006 and 13939 of 2006 having passed their Matriculation, Intermediate and Graduate level examination from the institutions recognized by the State obtained Shiksha Visharad degee from Sahitya Sammellan after 17.8.1995, the date on which the Act came into force.

(2.) THE prayer of the petitioners in all the writ petitions is to quash the letter No. 1893 dated 5.10.2006, Annexure -4 to C.W.J.C. No. 12635 of 2006 issued under the signature of the Director, Secondary Education, Bihar, Patna, whereby and whereunder he has informed all the District Education Officer, District Superintendent of Education and the Sub -Divisional Officers that Sahitya Sammellan has not been recognized by the Regional Committee of the National Council for the Teacher Education (hereinafter referred to as the NCTE) and the instructions to the contrary, bearing Letter No. 152 dated 29.3.2000, Annexure -3 to the C.WJ.C. No. 12635 of 2006 was issued by the Deputy Director, Secondary Education in an unauthorized manner has no legal sanctity and thereafter further prayer is to direct the authorities to recognize the degree of Siksha Visharad awarded by the Sahitya Sammellan as equivalent to a recognized training qualification for appointment on the post of Teachers.

(3.) LEARNED counsel appearing for the petitioners in C.W.J.C. Nos. 13319 of 2006, 13314 of 2006, 13173. of 2006 and 13312 of 2006, who passed Shiksha Visharad examination prior to 17.8.1995, besides adopting aforementioned submissions further submitted that prior to coming into force of the Act, the authorities of the State of Bihar have all along recognized the Shiksha Visharad degree as a degree equivalent to teachers training qualification and in this connection referred to the order, bearing Memo No. 3251 dated 20.10.2005 issued by the District Superintendent of Education, Nalanda, whereunder in recognition of the fact that Smt. Kumari Manorama had passed Shiksha Visharad examination, Matric trained scale was granted to her. With reference to the said order, it was submitted that all along the authorities of the State of Bihar prior to 17.8.1995 and even thereafter have been accepting the Shiksha Visharad degree as equivalent to teachers training qualification.