MR. SUBHASH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present intra-court appeal under Clause X of the Letters Patent of Patna High Court is to the order dated 30.07.2013 passed by the learned Single Bench by which C.W.J.C. No. 14248 of 2013 filed by the petitioner has been disposed off with a direction to approve the service of the petitioner with effect from 25.10.2010 and holding him entitled to all benefits including payment of salary from the said date.

(3.) The appellant was appointed on the post of teacher in economics in Sri Guru Govind Singh Girls High School, Patna City (hereinafter referred to as the ‘School') pursuant to advertisement and selection by a duly constituted Selection Committee and issued appointment letter dated 14.11.2003. Pursuant to the same, he also joined on 18.11.2003 and started discharging his duties. Thereafter, the Secretary of the School sent letter dated 16.03.2004 to the District Education Officer, Patna, seeking approval of the service of the appellant, who in turn wrote to the Secretary, Bihar Staff Selection Commission, Patna under letter no. 930 dated 20.06.2006. Since there was controversy with regard to the B.Ed. degree possessed by the appellant, to prevent any complication in future, after taking due permission from the Managing Committee of the School, obtained B.Ed. degree in the year 2010 from an affiliated unit of Magadh University duly recognised by the N.C.T.E. The Joint Director, Secondary Education, Government of Bihar, Patna, by letter dated 15.01.2013, directed the appellant to appear before the Director, Secondary Education, Government of Bihar, Patna, to explain why approval be not refused. Pursuant to the same, the Director, Secondary Education, Government of Bihar, Patna passed an order contained in Memo No. 390 dated 30.03.2013 rejecting the request for approval of the appointment of the appellant on the post of teacher in the School on the ground that he did not possess B.Ed. degree and was also overage at the time of his initial appointment. The appellant being aggrieved by the order dated 30.03.2013 moved before this Court in C.W.J.C. No. 14248 of 2013 which was disposed off by the learned Single Bench by order dated 30.07.2013 directing for approval of the service of the appellant w.e.f. 25.10.2010, which is impugned in the present Letters Patent Appeal.