RAJNEESH KISHORE MADHUP, SON OF SRI RAM CHANDRA SINHA, RESIDENT OF CHANDRA BHAWAN, KACCHI PAKKI ROAD, ATARDAH, P.O. Vs. THE STATE OF BIHAR THROUGH COMMISSIONER

JUDGEMENT

(1.) Heard both the parties. This writ application has been filed by the petitioner for a direction to the respondents to issue joining letter in the light of Letter No. 391/C, dated 18.9.2006, issued by the Commissioner-cum-Secretary, Human Resources Development Department, Bihar, Patna, on the basis of list of selected candidates of Zila Parishad Secondary School Teacher Appointment, 2006. Petitioner's case is that in response to the advertisement, published by the Deputy Development Commissioner, Vaishali, Hajipur, for appointment of teacher for the year 2006 in the Zila Parishad Secondary School, he applied giving details of his educational qualifications annexing the certificates. His counseling was made under fifth list on 2.4.2007 and his name was shown in the list of selected candidates. He was selected for appointment as English Teacher. In spite of his selection, joining letter was not issued, as such, he represented before the District Education Officer, Vaishali at Hajipur. Petitioner was asked to produce his B.Ed, certificate, which, he has acquired from Pondichery University, established by the Government of India through an Act of Parliament fully supported by the University Grant Commission. Petitioner has done his B.Ed, course for sessions 1995-1996 for which examination was conducted in Dec., 1996.

(2.) Counter affidavit has been filed on behalf of respondent No. 4, the District Education Officer, Vaishali at Hajipur, in which it is stated that the University from which the petitioner has obtained his B.Ed, degree under Distance Education Programme is not included in the list of institution recognised for the purposes of appointment. Pondichery University started B.Ed, course before coming into force of National Council for Teachers Education only for one year, i.e., 1995-1996 this course continued under District Education Programme. The course started in the year 1995-1996, but, examination was conducted after 17.2.1996, such degrees are not valid and recognized, if the institution is not recognised by National Council for Teachers Education after coming into force National Council for Teachers Education Act. In support of this contention a copy of Memo No. 2/M 2-27/06, dated 3.1.2007, has been annexed as Annexure 'B'. In this order it is mentioned that the institution, which are not recognised by the National Council for Teachers Education but offered training courses prior to coming into force of the National Council for Teachers Education Act, the training degree will be valid for the. purposes of appointment, if the degree has been issued prior to 17.2.1996, but, degrees issued after 17.2.1996 will not be recognised if the institution has not been recognized. In the case of the petitioner his B.Ed, degree under Distance Education Programme is not valid and recognised considering the fact that he joined B.Ed, course for sessions 1995-1996 for which the examination was conducted in Dec., 1996. specially for the reason that Pondicherry University is not recognised by the National Council for Teachers Education for imparting teachers' training.

(3.) The petitioner in reply to the statement made in counter affidavit has annexed two letters (Annexures-10 and 10/1) which are the private correspondences by the Advocate of the petitioner with the Director of Distance Education, Pondichery University and with the Regional Director of National Council for Teachers Education. Considering the letter annexed as Annexure 'B' to the counter affidavit these private correspondences have no relevance for deciding the question relating to recognition of B.Ed, degree obtained by the petitioner from Pondichery University under Distance Education Programme.