AMRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was initially filed for quashing the show cause notice issued to the petitioners to show cause as to why their services be not terminated. However, during the pendency of the application, the services of the petitioners have been terminated by orders dated 31.3.2004 (Annexures 8, 9 and 10) and accordingly, the prayer of the petitioners is to quash the aforesaid orders.

(2.) Facts lie in a narrow compass. On the recommendation of the Bihar Public Service Commission, petitioners were appointed as Assistant Teachers. They had passed B.Ed. Examination from Millia Fakhruddin Ali Ahmad Teachers Training (B.Ed.) College, Rambagh, Purnea, hereinafter referred to as the College at the time when the said college was recognised. The recognition of the said college had been withdrawn with retrospective effect and taking into account the said fact, the appointment of the petitioners has been cancelled.

(3.) Mr. Ganesh Prasad Singh, Senior Advocate, appearing on behalf of the petitioners raises a very short point. He submits that the petitioners passed the examination from the college in question when it was duly recognised and hence, benefits flowing from that, cannot be withdrawn only on the ground that the recognition of the college has been withdrawn with retrospective effect. In support of the submission reliance has been placed on an unreported decision of this Court dated 22.9.2004 passed in CWJC No. 7217 of 2003 (Janki Sarkar v. State and Ors.,) and my attention has been drawn to the following passage from the said judgment which reads as follows :