HARISH TANDAN - (1.) THESE two writ petitions were directed to be heard analogously. The facts adumbrated in both the writ petitions are identical and similar. Briefly stated the facts, the petitioner passed madhyamik examination from the West Bengal Board of Secondary Education and obtained the training qualification (Junior Basic Training) from Bihar Vidyalaya Pariksha Samity, Patna. The petitioner was registered with the concerned employment exchange as a trained candidate for the purpose of recruitment to the post of primary teacher. After notifying the number of vacancies by the Murshidabad District Primary School Council, the employment exchange sponsored the name of the petitioner as trained candidate. The petitioner was thereafter found successful and his name was included in the panel. The approval to such appointment was not given to the petitioner as the training certificate obtained from the Bihar Vidyalaya Pariksha Samity, Patna is not valid.
(2.) CHALLENGING the inaction on the part of the respondent authorities in issuing the letter of appointment to the petitioner, the petitioner moved before this court in writ jurisdiction which was disposed of with a direction upon the concerned respondent to dispose of the representation of the petitioner by passing reasoned order. The concerned Primary School Council communicated to the petitioner that the Director of the School Education have approved the panel excepting the petitioner. The writ petition being WP 1357 (w) of 2001 against the said order was disposed of by directing the concerned Primary School Council to award the prescribed marks as per the said training certificate and to give appointment to the petitioner within two months. At the time of the disposal this court observed that the certificate issued by the Bihar Vidyalaya Pariksha Samity, Patna is valid as Bihar School Examination Board and the said samity are one institution under the Government of Bihar. The Murshidabad District Primary School Council assailed the said order in intra court appeal being MAT 3763 of 2001 and the Division Bench set aside the said order and directed the director of the School Education, West Bengal to decide the equivalence of the said training certificate and to pass order accordingly.
(3.) PURSUANT to the said order of the Division Bench the Director of the School Education on 25.9.2001 rejected the candidature of the petitioner as the certificate issued by the Bihar Vidyalaya Pariksha Samity, Patna cannot be treated as valid one. By filing the writ petition being WP 7528 (w) of 2003 the petitioner assailed the said decision of the Director of the School Education vide memo no. 540 dated 25.9.2002. Pending the said writ petition, several other similarly circumstanced candidate who filed the writ petitions before this court, were appointed by the concerned District Primary School Council on the basis of an order of the Division Bench dated 10.10.2002 passed in MAT 2852 of 2001 where the Division Bench observed that the government of Bihar vide communication dated 9.10.2002 have clarified that the ?Bihar Vidyalaya Pariksha Samity? and ?Bihar School Examination Board? is one and the same organization. It is further observed that Bihar Vidyalaya Pariksha Samity is the hindi translation of Bihar School Examination Board.;