IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20200 of 2025 ====================================================== Jyoti Kumari W/o Sri Santosh Kumar, R/o Village- Goddi, P.S.- Laxmipur, District- Jamui. ... ... Petitioner Versus 1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 2. The Additional Chief Secretary, Education Department, Government of Bihar, Patna. 3. The Director, Primary Education, Education Department, Government of Bihar, Patna. 4. The District Magistrate, Jamui, District- Jamui. 5. The District Education Officer, Jamui, District- Jamui. 6. The District Programme Officer, Establishment (Education), Jamui, District- Jamui. 7. The Block Development Officer, Laxmipur, Block- Laxmipur, District- Jamui. 8. The Block Education Officer, Laxmipur, Block- Laxmipur, District- Jamui. 9. The Panchayat Secretary-Cum-Member Secretary, Panchayat Teacher Employment Unit, Harla, Block- Laxmipur, District- Jamui. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate : Mr. Mukesh Kumar Singh, Advocate : Mr. Arinjay Kumar, Advocate : Mr. Shivam Kumar, Advocate For the Respondent/s : Mr. Government Pleader (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 17-12-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State. 2. This writ application has been filed for challenging the order dated 18.08.2025/28.07.2025 passed by the Chairman, State Appellate Authority, Patna in Appeal Case No. 09 of 2024 by which the State Appellate Authority has upheld the order Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 2/16 dated 30.03.2024 passed in Appeal Case No. 40 of 2023 by the District Teachers Appellate Authority. 3. Learned counsel for the petitioner submits that the petitioner passed her matriculation examination in the year 2000 from West Bengal Board of Secondary Education and she took admission in Primary Teachers Training Course in Session 2002-2004 and after completion of the course, the petitioner submitted the final examination form, admit card was issued to the petitioner, she appeared in all the papers of final examination and did well. Thereafter, result was published and the petitioner was declared passed and marksheet and certificate were issued to the petitioner, which has been enclosed as Annexure-P/4 series. It is further contended that the Government of Bihar framed the Bihar Panchayat Elementary Teacher (Employment and Service Condition) Rule, 2006 and notified the same vide Notification No. 974, dated – 01.07.2006. In terms of the said notification, advertisements were published at all the Panchayat and Block Teacher Employment Units and applications were invited from both trained and untrained eligible candidates for consideration of employment/appointment on the post of Panchayat/Block Teachers. The petitioner is said to have applied against the post Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 3/16 of Panchayat Teacher on the basis of Matriculation and Teachers Training Certificate at the Panchayat Teacher Employment Unit, Harla, Block-Laxmipur, District-Jamui. After following the due procedure of selection/recruitment, petitioner was selected and appointment letter vide Memo No.-05, dated – 22.01.2007 (Annexure-P/5) was issued by the Secretary of the Panchayat Employment Unit, Harla, Block-Laxmipur, District-Jamui to the petitioner. Pursuant to the issuance of appointment letter dated – 22.01.2007, the petitioner submitted her joining on 23.01.2007 before the Headmaster, Government Primary School Titahiya Taar, Harla, Block-Laxmipur, District-Jamui which was duly accepted by the Headmaster of the school and petitioner started discharging her duties to the satisfaction of the authorities concerned and salary was being paid to the petitioner. 4. It is further contended that the petitioner took admission in Intermediate Arts (I.A.) as a private student in the year 2007 and appeared in examination held in the year 2009, after getting permission from the authorities concerned. Result of Intermediate was published and petitioner passed the same with 1st Division (Annexure-P/6). The petitioner has also completed the course of B.A. in Sessions 2012-2015 from Indira Gandhi National Open University (IGNOU) as a private student Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 4/16 and has passed the examination successfully. It is next submitted that the salary of the petitioner was stopped/withheld vide Memo No.-253 dated 07.09.2017 (Annexure-P/8 to the writ application) issued by the Block Education Officer Laxmipur, District-Jamui without any notice to the petitioner. It is, therefore, submitted by learned counsel for the petitioner that several representations were filed by the petitioner before the District Programme Officer, Establishment, Jamui and other authorities concerned and requested for payment of salary of the petitioner. 5. Thereafter, the District Programme Officer, Establishment, Jamui issued Letter No.-1490 dated 30.09.2019 (Annexure-P/9) to the Block Education Officer, Laxmipur, District-Jamui and directed to take appropriate action in the matter of payment of salary to the petitioner. It is further contended that though the District Programme Officer, Jamui, issued direction vide letter dated 30.09.2019 (Annexure-7) to the Block Education Officer, Laxmipur, District-Jamui, the payment of salary was not provided to the petitioner. 6. Having no option left, the petitioner filed a writ application vide CWJC 8629 of 2022 against non-payment of salary to the petitioner by the respondent authorities. The said Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 5/16 writ application was heard on 29.11.2022 (Annexure-P/10) along with CWJC No. 2186 of 2019 and several other analogous cases by which this Court was pleased to dispose of all the writ applications with some observation and directions. In light of the observation and direction given by this Court, the petitioner submitted representation before the authorities concerned and requested for payment of arrears of salary as well as current salary but nothing happened. In the meantime, the Panchayat Secretary, Gram Panchayat Raj Harla, Block-Laxmipur, District-Jamui issued Letter No.-22, dated-05.12.202 to the petitioner whereby and whereunder the employment of petitioner has been canceled without any notice to the petitioner. A copy of her termination letter has been brought on record by way of Annexure-P/3 to the writ application. 7. Challenging this termination order, the petitioner again filed CWJC No. 2355 of 2023 and the said writ application was heard on 30.11.2023 and was dismissed by this Court with liberty to approach the District Teachers Appellate Authority against the removal order dated 05.12.2022. 8. Thereafter, the petitioner approached the District Teachers Appellate Authority vide Appeal Case No. 40 of 2023 and after adjudicating the said appeal, the District Teachers Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 6/16 Appellate Authority passed the final order on 30.03.2024 (Annexure-2) by which the appeal filed by the petitioner was dismissed. The said order passed by the District Teachers Appellate Authority, Jamui was challenged by filing subsequent appeal before the State Appellate Authority vide Appeal Case No. 09 of 2024. After hearing the parties, even this appeal was dismissed by the State Appellate Authority vide order dated 18.08.2025 thereby upholding the order passed by the District Teachers Appellate Authority. Learned counsel for the petitioner, therefore, submits that being aggrieved by these orders passed by the District Teachers Appellate Authority and the State Appellate Authority, the present writ application has been filed by the petitioner challenging both the orders. 9. Per contra, learned counsel appearing for the Respondent-State submits that the impugned orders passed by the District Teachers Appellate Authority as well as by State Appellate Authority are well reasoned and speaking order and there is no perversity in the findings arrived at both the authorities. He further submits that the petitioner in the present writ application has failed to point out even a single instance of perversity in the final findings of fact arrived at both the authorities and, therefore, in exercise of power under Article Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 7/16 226 of the Constitution of India, this Court should not interfere with the orders passed by the District Teachers Appellate Authority as well as by State Appellate Authority. He, therefore, prays that the writ application should be dismissed on this count as well. 10. Having heard learned counsel appearing for the petitioner and learned counsel for the Respondent-State, it is considered appropriate to highlight the reasoning and finding arrived at by the District Teachers Appellate Authority in its order dated 30.03.2024 passed in Appeal Case No. 40 of 2023. Paragraph Nos. 7, 8 and 9 of the impugned order passed by the District Teachers Appellate Authority is reproduced hereinbelow for the needful:- 7. orZeku ekeys esa eq[; iz'u ;g gS fd D;k oknh dk f'k{kd izf'k{k.k ;Fkk izh&izk;ejh ,oa izk;ejh fVpj Vªsfuax¼2002&04½ ijh{kk&o"kZ&2004 tks nqxkZiqj baLVhP;qV vkWQ dSfj;j ijQksjesa'k] nqxkZiqj ls izkIr gS] fcgkj iapk;r izkjafHkd f'k{kd ¼fu;kstu ,oa lsok 'krZ½ fu;ekoyh] 2006 ds fu;e&8¼d½ esa of.kZr izko/kku ds vuqlkj fdlh ekU;rk izkIr izf'k{k.k laLFkku }kjk iznRr gS\ 8- mHk; i{kksa dh nyhy lquus vkSj ekeys dh leh{kksijkUr ;g Li"V gqvk gS fd fcgkj iapk;r izkjafHkd f'k{kd ¼fu;kstu ,oa lsok 'krZ½ fu;ekoyh] 2006 ¼;Fkk v|ru la'kksf/kr½ ds izko/kku ds vUrxZr iapk;r f'k{kd ds in ij oknh dks fu;kstu gsrq vko';d iz'kS{kf.kd ;ksX;rk ,oa vgZrk ugha gSA Li’V gS fd oknh }kjk vius fu;kstu ds le; vius iz'kS{kf.kd izek.k i= Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 8/16 ds :i esa izh&izk;ejh ,oa izk;ejh fVpj Vªsfuax¼2002&04½ ijh{kk&o"kZ&2004 mRrh.kZrk izek.k i= izLrqr fd;k Fkk tks nqxkZiqj baLVhP;qV vkWQ dSfj;j ijQksjesa'k] nqxkZiqj ¼i0 caxky½ }kjk iznRr gS vkSj tkWp ds Øe esa ;g laLFkk /kjkry ij ugha lapkfyr ik;k x;k vkSj u gh oknh }kjk bl laLFkk ds jk"Vªh; v/;kid f'k{kk ifj"kn ¼N.C.T.E.½ ls ekU;rk@lEc)rk izkIr gksus laca/kh dksbZ izek.k izLrqr fd;k tk ldk gS] tks jk"Vªh; v/;kid f'k{kk ifj"kn vf/kfu;e ds vkyksd esa vfuok;Z gSA oknh dks muds vuqjks/k ij le; nsus ds ckn Hkh muds } kjk iz'kS{kf.kd fMxzh nsus okyh laLFkku dh ekU;rk nsus okys fdlh vkns'k@U;k;kns'k dks izLrqr ugha fd;k x;kA oknh ds ekeys esa ftl mek nsoh okn dk fu.kZ; ¼PLJR 2006¼2½ section 367½ dk mYys[k oknh ds vihy vkosnu dh dafMdk&11 esa fd;k x;k gS] dk ykHk oknh dks ugha fey ldrk gS] D;ksafd oknh dks fu;ekuqlkj fu;kstu gsrq vko';d ;ksX;rk ,oa vgZrk ugha gSA 9- mHk; i{kksa dh nyhy lquus] mijksDr rF;ksa ,oa fcgkj iaPkk;r izkjafHkd f'k{kd ¼fu;kstu ,oa lsok 'krZ½ fu;ekoyh] 2006 ds vkyksd esa lE;d fopkjksijkUr eSa ;g ikrk gw¡ fd oknh Jherh T;ksfr dqekjh dks iapk;r f'k{kd in ij fu;kstu gsrq fu/kkZfjr ,oa vko';d vgZrk ugha gksus ds QyLo:i mudk nkok Lohdkj ;ksX; ugha gSA vr% mudk nkok vLohd`r fd;k tkrk gSA bl vkns'k ds lkFk okn dks fu"ikfnr fd;k tkrk gSA 11. It is also considered appropriate to highlight Paragraph Nos. 6, 7, 8, 9 and 10 of the order dated 18.08.2025 and 28.07.2025 passed by the Chairman, State Appellate Authority, Patna in Appeal Case No. 09 of 2024 which is reproduced hereinbelow for needful:- “6. A reply to counter affidavit of respondent nos. 05, 06 and 08 Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 9/16 has been filed by appellant. She has stated that she was never given an opportunity to provide shows cause before cancellation of her appointment. She has stated that she was appointed after due verification of certificates and there is no complaint of malafide intention on her behalf She has stated that she had the required eligibility and necessary qualification for employment as per Rules But at this point this Authority notes that appellant has nowhere stated in her appeal petition that or in reply that Durgapur Institute of Career Performance, Durgapur, from where she has acquired her teachers" training certificate is a recognised institute No such claim was made before this Authority in course of hearing also On the other hand state respondents have stated in their counter affidavit that upon verification it was found that this Institute does not exist on ground The implication is that this is a fake institute and by virtue of that any certificate acquired in the name of this institute and any employment obtained on its basis become acts of misrepresentation and fraud. 7. Thus appellant Jyoti Kumari was appointed as Panchayat Teacher on the basis of her qualification of Matriculation and teachers training certificate Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 10/16 from Durgapur Institute of Career Performance, Durgapur on 22.01.2007 and she joined on 23.01.2007 In this connection this Authority notes that under Bihar Panchyat Primary Teachers (Appointment and Service Conditions) Rules, 2006 (hereinafter called 2006 Rules) there is a provision for appointment of candidates possessing the qualification of Matriculation or equivalent with a two year. training qualification from a school or college recognised before commencement of NCTE Act. Under Rule 2 (X) of these Rules training is defined as two year training from institute recognised by NCTE or BLED or BEd from a recognised institute. Since training qualification of appellant was acquired in year 2004 obviously the institute from where training certificate was acquired should have been recognised by NCTE The appellant acquired Intermediate qualification in 2009 and Bachelor's qualification in 2015 Vide letter no 253 dated 07.09 2017 of Block Education Officer she was directed to provide an explanation to District Programme Officer (Establishment) regarding validity and recognition of her training certificate Finally her appointment was cancelled vide Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 11/16 letter no 22 dated 05.12.2022 for having obtained employment on the basis of an invalid training certificate. 8. Thus the issue of this case is whether teachers' training certificate of Durgapur Institute of Career Performance, Durgapur (2004) on the basis of which appellant was appointed as Panchayat Teacher under 2006 Rules was recognized or not. In this connection this Authority has already noted that nowhere in her appeal petition or in reply to counter affidavits appellant has made a claim that her training certificate is a valid and recognised one because the institute from where it has been obtained is recognised. In this connection this Authority notes that it is upon the appellant to prove that her training certificate is valid and recognised one. This is supported by order passed by Hon'ble High Court in CWJC no. 7313 of 2012, which is quoted below: Recognition of an Institution is a positive and definite act which must appear from any specific order/notification/resolution of the Government. No Institution can stand recognized by the State on presumption or assumption. Only because name of the Institution was not included in the list contained in the said order of the Department Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 12/16 dated 25.8.2008, it cannot be accepted that the same shall stand recognized. For establishing his case petitioner was required to produce specific Government Resolution/Order/Circular recognizing the Institution during the period petitioner had joined the course and/or appeared in the examination conducted by the Institution and got his degree. There is nothing on record to show that this Institution had been recognized by the State Government by any specific act. 9. No such claim of recognition has been made by the appellant, which has been noted above. In course of hearing also no such claim was made It was stated that appellant had taken admission into this institution and acquired a training certificate in good faith On the other hand state respondents have claimed that this institute is non-existent because it was not found to exist on ground upon verification. This clearly shows that training certificate of appellant is a fake one and by virtue of this, as noted by this Authority earlier, her Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 13/16 appointment becomes fraudulent. Being devoid of necessary condition of eligibility it is also illegal Thus this Authority comes to the conclusion that appointment of appellant was illegal and fraudulent Appellant was appointed under 2006 Rules and under Rule 11 of these rules there is a provision that if any certificate is found to be forged or fake, appointment will be cancelled Such a provision has also been made under 2012 Rules under Rule 14 This Authority does not see anything wrong in cancellation of appointment of appellant by the Panchayat Secretary vide letter no 22 dated 05 12 2022 Thus this Authority also notes that no concession can be provided to the appellant on account of the fact that she has worked for certain number of years after appointment, which is clear from judgement of Hon'ble Supreme Court of India pronounced in the case of State of Gujarat and Others Vs. Arvind Kumar T. Tiwary and Another, reported in Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 14/16 (2012) AIR (SC) 3281, quoted below: 8. The courts and tribunal do not have the power issue direction. to make appointment by way of granting relaxation of eligibility or in contravention thereof. In State of Madhya Pradesh and Another Vs. Dharam Bir,, this Court while dealing with a similar issue rejected the plea of humanitarian grounds and held as under: The courts as also the tribunal have no power to override the mandatory provisions of the Rules on sympathetic consideration that a person, though not possessing the essential educational qualifications, should be allowed to continue on the post merely on the basis of his experience. Such an order would amount to altering or amending the statutory provisions made by the Government under Article 309 of the Constitution. (emphasis supplied in all cases) 10. The contention of appellant Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 15/16 that she had not being heard before passing of termination order does not appear to be true. However, since she has received two hearing, namely one in District Appellate Authority and after that in this State Appellate Authority, this issue is no longer relevant. 12. From the careful perusal of the reasoning and the findings arrived at by both the authorities i.e., District Teachers Appellate Authority as well as the State Appellate Authority, it is manifest that on careful appraisal of the materials which was placed before the authorities, the findings of fact has been arrived at against the petitioner and the petitioner in the present writ application has nowhere stated or pleaded as to how the findings of fact arrived at by both the authorities are in any manner perverse or illegal. 13. It is by now well settled that in writ jurisdiction the scope of interfering with the orders passed by Tribunal is very limited and it can only be examined on the issue of perversity, if any, existing in the orders passed by the Tribunal or if there is an illegality or if there is violation of natural justice. In the present case, none of these issues arise for consideration hence, having failed to demonstrate in the Patna High Court CWJC No.20200 of 2025(2) dt.17-12-2025 16/16 findings any perversity or illegality committed by the District Teachers Appellate Authority and the State Appellate Authority, the present writ application is dismissed as no interference is required. 14. So far as the matter relating to payment of arrears of salary to the petitioner which as per the petitioner is due since the month of September is concerned, the said issue shall be examined by the respondent authorities and if any payment is due to be made, the same should be released to the petitioner within three months from the date of receipt/production of a copy of this order. Gaurav Sinha/- (Alok Kumar Sinha, J) U