STATE OF BIHAR Vs. RANJEET KUMAR

JUDGEMENT

(1.) THIS application, under Article 226 of the Constitution of India, on behalf of the petitioner -State of Bihar along with other authorities is for review of the order dated 18.04.2007 passed on a writ petition vide C.W.J.C. No. 1637 of 2007 filed by the writ petitioner herein respondent first set, for quashing the order of cancellation of his appointment on the post of Panchayat Shikshak in Primary School as per letter No. 37 dated 02.12.2006, as contained in Annexure -6 to the writ application. The reasons for cancellation of appointment is to the effect that on verification it was detected that the writ petitioner had produced the passing certificate of the Intermediate examination in the vocational course and since there is no provision for appointment of a candidate possessing certificate of the aforesaid course, the appointment was cancelled. Admittedly, the Rule for such appointment is that a candidate should possess the qualification of passing of Intermediate examination or equivalent.

(2.) THE writ petitioner while assailing the aforesaid order of cancellation relied upon the decision of the Bihar Intermediate Education Council, Patna (hereinafter referred to as the 'Council'), established under the provisions of the Bihar Intermediate Education Council Act, 1992 vide communique No. 56/96 dated 4.09.1996 as contained in Annexure -3 to the writ application, in order to show that passing of Intermediate examination in vocational course conducted by the Council is equivalent to Intermediate, +2 level in the Arts and Commerce, and therefore, cancellation of the appointment of the writ petitioner was assailed on the plea that the ground for cancellation of his appointment as Panchayat Shikshak is illegal and as such not sustainable in law.

(3.) IN this review application the order dated 18.04.2007 is sought to be reviewed primarily on the ground that the order is illegal and erroneous on merits since according to the review petitioner this Court failed to consider the aforementioned communique No. 56 dated 04.09.1996 (Annexure -3) correctly in its entirety as the decision of the Council in question is that passing of the Intermediate Examination in vocational course is equivalent to Intermediate, +2 level of examination in Arts and Commerce only for the purpose of taking admission in Ist year Bachelor degree course in Arts/Commerce and not for employment on the post of Panchayat Shikshak. It is submitted by the learned Additional Advocate General No. 3 that even if the order dated 14.08.2007 is taken to be consenting order, this Court should not have disposed of the writ petition in view of an earlier order passed by the Court on 12.02.2007 in CWJC No. 15730 of 2006, as contained in Annexure -1 of the Review application, whereby this Court allowed the prayer of the writ petitioner of the said case for withdrawal to enable him to pursue his representation already filed or to file a representation afresh for redressal of his grievances with direction to dispose of the representation by a reasoned order and take follow up action, if any. It has further been submitted that pursuant to the order dated 12.02.2007 (Annexure -1) the Human Resources Development Department, Government of Bihar, Patna disposed of the representation of the said case as per memo No. 1291 dated 30th April, 2007, as contained in Annexure -2 of the Review application i.e. after passing of the order dated 18.04.2007 sought to be reviewed. On perusal of the order dated 30.04.2007 (Annexure -2), it would appear that the Human Resources Development Department, Govt. of Bihar acknowledged and agreed that the certificate of passing of Intermediate in vocational course is equivalent to the normal Intermediate course. However, in nut -shell, the submission in support of the review application is to the effect that the order dated 18.04.2007 is illegal and erroneous on merit being passed without considering Annexure -3 of the writ application correctly in its entirety.