LAWS(PAT)-2022-11-83

ARCHANA KUMARI Vs. STATE OF BIHAR

Decided On November 10, 2022
ARCHANA KUMARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) All the cases are heard together and are being disposed of by this common judgment.

(3.) The petitioners assail the order passed by the State Appellate Authority, dtd. 18/8/2022. Learned counsel for the petitioners submits that the petitioners have obtained qualification from Madhayamik Shiksha Parishad, Delhi, which has verified that they had passed from the said institution. Learned counsel further submits that the District Appellate Authority had held that the petitioners to be duly qualified and directed the petitioners to continue on the post of teachers. Learned counsel submits that the order was challenged after two years before the State Appellate Authority by the State and the State Appellate Authority has erroneously set aside the order of the District Appellate Authority and held the petitioners ineligible to continue on the post of teachers and the order of cancellation of their appointment was upheld wrongfully. Learned counsel submits that the State Appellate Authority has failed to take notice of the order of the District Education Officer, Khagaria whereby he has started in the year 2008 only about derecognition of the said Madhayamik Shiksha Parishad, Delhi, all the petitioners had passed the course prior to 2008 and, therefore entitled to be treated as having passed from a recognized institution. Learned counsel further submits that the principles of natural justice have been violated as no opportunity of hearing was provided to the petitioners before passing of the impugned order of cancellation of their appointment which was made on the basis of simply lodging a first information report against the petitioners.