HAMID SHAIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner for issuance of an appropriate writ/orders/direction in the nature of mandamus, commanding upon the respondents to issue letter of appointment to the post of Primary Trained Teacher in favour of the petitioner, he having been declared successful in the Primary Trained Teachers Recruitment Examination, 2002 -2003, conducted by the Jharkhand Public Service Commission (JPSC for short). Further prayer has been made to direct the 6th respondent B.N. Mandal University, Mad -hepura (University for short) to issue requisite pass/degree certificate for B.Ed. course, he having come out successful in B.Ed. Examination, held by the University, result of which was published on 22nd September, 1997.

(2.) ACCORDING to the petitioner, he was admitted in one Millia Fakhurddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea for the Sessions 1995 -96. The aforesaid B.Ed. Teachers Training College is an affiliated college of B.N. Mandal University, Madhepura, Bihar. The petitioner was provided with Roll No. 740 Registration No. 90915 and appeared at the B.Ed. Examination, 1996, conducted by the University. The result of the said examination was published on 22nd September, 1997 in which he was declared successful. Thereafter, though the petitioner has been provided with the mark -sheet and College Leaving Certificate, formal B.Ed. Degree has not been given to him by the University. Further case of the petitioner is that in pursuance of an advertisement, published by the JPSC in the month of August, 2002 in different newspapers, he being eligible, applied for appointment to the post of Primary Trained Teacher in a Nationalized Primary School. In the said advertisement, apart from the qualification of Matriculate or equivalent to that two years Teachers Training or B.Ed./Dip -in -Ed./Dip -in -Teach was also prescribed. The petitioner having possessed B.Sc. Degree and having passed B.Ed. Examination from the University, applied for appointment and was allowed to appear at the written competitive test, held on 27th May, 2003, result of which was published by the JPSC on 13th November, 2003. In the said result, the petitioner was declared successful for appointment in the district of Pakur.

(3.) GRIEVANCE of the petitioner is that the respondents, thereafter, have not issued the letter of appointment in favour of the petitioner, though a number of persons, including those, below the same of the petitioner, have been appointed. In the affidavit, filed by the 6th respondent University, it has been accepted that the petitioner passed B.Ed. Examination, 1996 from the University as a student of Millia Fakhruddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea and a mark -sheet printed No. 4431, dated 1st October, 1997 with aggregate 703 marks was issued vide University 'sletter No. Exam/C 89, dated 2nd December, 2003. It is stated that the records, including the Tabulation Register regarding B.Ed. Examination for the years, 1993, 1995 and 1996, of the University having been seized by the Cabinet Vigilance Department, Govt. of Bihar, Patna, for verification, the University is not in a position to issue a fresh mark -sheet or the original certificate relating to B.Ed. Examination. It is further stated that the national Council for Teachers Education, Eastern Regional Committee 15, Nilkanth Nagar, Bhubneshwar by an order No. ERC/7 - 18/2001/1342(S), dated 9th May, 2001 refused the recognition of Milia Fakhruddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea, for the reasons, stated in the said order. It further appears that in pursuance of the said order dated 9th May, 2001, the Govt. of Bihar, Department of Primary, Secondary & Adult Education, vide letter No. 828, dated 12th July, 2003 cancelled the permanent affiliation, as was granted in favour of the institute, with retrospective date.