- (1.) THE petitioner having obtained the B. Ed. Degree from S.N. Zareef College of Education, Darbhabga, Bihar in year 1997, which College as per averments made in the writ petition, is said to be affiliated to Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, Bihar, has approached this Court for seeking relief that his name has been wrongly been struck -off from the panel of the selected candidates for appointment as 'Shiksha -Sahayogi' in the 'Rajeev Gandhi Swarn Jayanti Paathshala Scheme' under the order Annex.3 dated 12.06.2001 on the basis of a communication from the Deputy Legal Remembrancer of the Panchayati Raj Department of the State Government (Annex.6) dated 19.05.2001, wherein on the basis of information received from the Additional Chief Executive Officer, Zila Parishad, Jhalawar, vide his letter No.1721 dated 23.03.2001, informing that all the degree/s, granted by the specified colleges, allegedly affiliated with Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, stand cancelled; and accordingly, if any candidate has been selected/appointed as Teacher in the Panchayati Raj Department, his such selection/appointment may be cancelled.
(2.) THE petitioner was under going the training after his selection for the aforesaid post under the 'Rajeev Gandhi Swarn Jayanti Paathshala Scheme' at the relevant point of time and vide Annex.5 order dated 27.06.2001, his training was, accordingly, cancelled on the aforesaid ground. The petitioner filed this writ petition in this Court on 07.08.2001 and while admitting the present writ petition, a coordinate bench of this Court, however, rejected the stay petition filed by the petitioner vide the order dated 07.11.2001. A reply on behalf of respondents, however, has been filed to the present writ petition on 26.07.2002 through Mr. M.R. Singhvi, Advocate, to which a rejoinder has also been filed by the learned counsel for the petitioner, Mr. P.R. Mehta, and along -with which the Character Certificate issued by the said S.N. Zareef College of Education and College Leaving Certificate have been produced.
(3.) MR . P.R. Mehta, learned counsel for the petitioner relying upon the decision of a coordinate bench of this Court in the case of Shri Ram Bishnoi & Ors. Vs. State of Rajasthan & Ors. and 86 connected writ petition, (SBCWP No.3750/1999, decided on 30.11.1999) reported in 2000 (2) WLC 628 has urged that since the petitioner obtained the degree of B. Ed. vide the photostat copy of the mark -sheet (Annex.1) from Lalit Narayan Mithila University, Kameshwar Nagar, Darbhabga, Bihar in the year 1995 -96, prior to the cut off date of 15.05.1997, as given in the provisions of National Council for Teacher Education Act, 1993, vide Section 17, therefore, validity of his degree could not be questioned by the respondent Panchayati Raj Department. In the said judgment, relied upon by learned counsel for the petitioner, this Court had held that the degree possessed prior to this cut -off date 15.05.1997, are to be treated as valid and the candidates have to be accordingly considered for respective selection/appointment process. The operative portion of the judgment of this Court in the case of Shri Ram Bishnoi (supra) is quoted below for ready reference: - "11. Accordingly, the writ petitions are allowed. The following directions are issued to the State: - (i) It is hereby directed that all certificate, degree or diploma claimed to be equivalent to B.S.T.C. and acquired prior to 15.5.1997 are liable to be considered for grant of appointment to the post of Teacher Grade III in accordance with the advertisement issued in June, 1998. (ii) The respondents are directed to reconsider the entire recruitment process after giving consideration to the persons not considered for the above reasons and prepare a fresh list of merit and if they so desire issue fresh appointments in accordance with the list so prepared. (iii) All the notices terminating the services of such Teachers for holding such certificate, diploma or degree from such institutions covered by Section 17 (4) of the Act or whose certificate, diploma or degree could not be verified by the State are hereby quashed. It is further directed that the State shall always have the right to investigate into each and individual certificate, diploma or degree so tendered for consideration and it have the right to terminate the services of such individuals whose degrees, diploma or certificates are found to be either fraudulent or not inconformity with the direction at one above and terminate the services for such reasons. If in pursuance to the notices hereinbefore quashed, consequential terminations have been factually effected, the same are also hereby quashed and the persons so terminated are directed to be reinstated. There will be no order as to costs." ;