- (1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of writ in the nature of certiorari for quashing the order dated 10.06.2008 (Annexure 13) passed by respondent no. 6 whereby the services of the petitioner has been terminated and for quashing letter no. 404 dated 24.05.2008 (Annexure 11) issued by respondent no. 4 by which the grant of approval of the petitioner's appointment has been denied and further prayer has been made not to give effect to the impugned order dated 10.06.2008 and also for reinstatement of the petitioner on the post of Assistant Teacher in the said school with effect from 01.06.2008 i.e. date of termination with all consequential benefits.
(2.) The factual exposition, as delineated in the writ application, in a nutshell is that in pursuance to an advertisement published in daily newspaper "Hindustan", the petitioner was appointed as Matric trained Assistant Teacher in the vacant sanctioned post in Marwari Girl's School, Dumka by the Managing Committee on 22.01.2000 having possessed the required qualification i.e. 'Shikshalankar' from Rastriya Patrachar Sansthan, Geeta Bhawan, Kanpur (U.P.). The said qualification, which is equivalent to B.Ed, was duly recognized by the then State of Bihar. In pursuance to the said appointment letter, the petitioner joined in the said school as Assistant Teacher on 28.01.2000. The Secretary of the said school, respondent no. 6, wrote a letter dated 28.1.2000 to the respondent no. 5-the Superintendent of Education for approval/sanction of the appointment of the petitioner as Assistant Teacher. In this regard, a doubt was entertained as to whether the said Rastriya Patrachar Sansthan, Geeta Bhawan, Kanpur (U.P.), from where the petitioner has got the Shikshalankar'/B.Ed degree, is recognized by the State Government or not; and whether the degree should be treated equivalent to that of the degree granted by the recognized institution. After protracted correspondence, the Director, Rastriya Patrachar Sansthan, Kanpur vide letter dated 16.01.2003 (Annexure 6) replied confirming the fact that the petitioner, who has passed the Shikshalankar held in year 1993 from the said institution and that the said degree is equivalent to B.Ed degree. But, unfortunately no decision was taken for approval of the appointment of the petitioner, which resulted in great hardship on account of non-payment of salary despite continuous works put in by the petitioner on the said post. On the contrary, the petitioner was advised to procure a fresh B.Ed degree from a recognized institute of Government of Jharkhand and accordingly with due permission of the said school, the petitioner appeared in B.Ed examination held in 2006 from Sidhu Kanhoo Murmu University, Dumka and passed with 1st Class. It has further been stated that vide departmental letter no. 746 dated 27.03.2004 the Rastriya Patrachar Sansthan, Kanpur has been declared as a fake institution without any reason or basis, for which, the petitioner cannot be found at fault. Vide letter dated 24.05.2008 (Annexure 11), the grant of approval of petitioner's appointment has been denied and the Secretary of the school was directed to act as per letter dated 24.05.2008. Shortly thereafter, to the utter misfortune and surprise, the respondent no. 6 without any rhyme and reason has terminated the services of the petitioner in the light of letter no. 404 dated 24.05.2008 issued by respondent no. 4 with effect from 1.6.2008 vide letter dated 10.6.2008 Annexure 13 to the writ application.
(3.) So far as question relating to legal status of Rastriya Patrachar Sansthan, Kanpur is concerned, the same has been examined at length and on proper examination, the Assistant Director General (I & R) vide its report dated 09.10.1992 (Annexure 14) has categorically gave a finding that Rastriya Patrachar Sansthan, Kanpur is a legal autonomous body, which is legally authorized to conduct the different educational course to conduct examination and to issue certificate to successful candidates. Therefore, the certificate issued by the said institute is legal and valid.;