GAYATRI KUMARI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the petitioners, in the writ petitions, were Shiksha Mitras originally with Matric qualification. State Government then formulated Rules whereby Shiksha Mitras were given thirty three month's time to enhance their educational qualification to Intermediate level if they were to continue in service. In this period itself, petitioners were absorbed as permanent Panchayat Teachers. They have all completed their Intermediate Course and have passed the same. Marksheets and passing certificates have been issued by the Bihar Intermediate Education Council, Patna, the validity whereof is not in dispute. It appears that in the district of Nawada and other places, a controversy was started by State Officials whereby the Panchayat Teachers, who had obtained Intermediate qualifications showing themselves to be regular students, were not recognized by district authorities on the ground that being regular Teachers, they could not have attended regular classes. Petitioners have various explanations with regard to attending Intermediate classes in morning shift and otherwise. Notwithstanding that as their Intermediate certificates were not being recognized and the period of thirty months having expired, they alt have been dismissed. It is this dismissal that is under challenge.

(2.) Having heard the parties and with their consent, the writ petitions are being disposed of at this stage itself as the facts are not in dispute.

(3.) The first thing that the Court notices is that Government required the Shiksha Mrtra/Panchayat Teacher to enhance their educational qualification.That was the object of the exercise. It is not disputed that the petitioners have enhanced their educational qualification accordingly. It is also not in dispute that the marksheet and the passing certificate granted by the Bihar Intermediate Education Council are genuine and not forged or fraudulent. Once the Bihar Intermediate Education Council recognizes the academic standard of the petitioners and grants the certificate then, in my view, it does not lie upon the authorities not to recognise the same. The Bihar Intermediate Education Council is an autonomous statutory body and having granted the certificate, it is they who can cancel it and no other authority, at least in the State of Bihar, can ignore the same or take away its efficacy in any manner.