MUNNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mrityunjay Kumar, learned counsel for the petitioner and Mr. Pramod Kumar Singh, learned A.C. to S.C. 16 appearing for the Respondents-State.

(2.) The present writ application has been filed for quashing of letter No. 389 dtd. 26/10/2018 (Annexure-4) issued by the Block Education Officer, Sarairanjan, Distt. Samastipur, whereby a direction has been issued to the Mukhiya and Panchayat Secretary of the Gram Panchayat, Akhtiyarpur, Balbhadra to cancel the appointment of the petitioner as Panchayat Teacher in Primary School, Bhojpur, Ward No. 12 on the ground that the petitioner has been appointed on the basis of certificate issued from non recognized institution.

(3.) The brief facts giving rise to the present writ application is that the petitioner was appointed on 5/11/2007 as Panchayat Teacher in Primary School, Bhojpur, Ward No. 12, Gram Panchayat Akhityapur Balbhadra, Block Sarairanjan, Distt. Samastipur and at the time of appointment the petitioner had produced the Madhyama Visharad certificate issued by Hindi Sahitya Sammelan, Prayag, Allahabad, equivalent to Intermediate. After appointment of the petitioner in 2007, the certificate issued by the Hindi Sahitya Sammelan, Prayag, Allahabad, has been declared invalid pursuant to Govt. Circular with effect from 25/8/2008 and a clarification in this regard was issued by the Director, Primary Education, Government of Bihar, Patna, vide his letter No. 131 dtd. 11/2/2012 stating therein that the certificate of Madhyama Visharad obtained from Hindi Sahitya Sammelan, Parayag, Allahabad, has been declared invalid and the teacher who has been appointed in the year 2006 on the basis of the said certificate shall remain continued on their respective posts. The petitioner has further stated that after appointment, the petitioner continued on the post and succeeded in the teacher evaluation (Dakshta Pariksha) conducted by the SCERT in the year 2013 and also passed the two years in service teacher training course i.e. D.el.ed exam conducted through the Bihar School Examination Board as well as the State Council for Education Research and Training, Patna.