BASANT KUMAR YADAV v. THE STATE OF JHARKHAND THROUGH THE DIRECTOR PRIMARY EDUCATION SCHOOL EDUCATION AND LITERACY DEPTT
WPC/4223/2023 · 2025-03-27
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22787 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22787 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4223 of 2023 ------ Basant Kumar Yadav, son of late Hari Kishore Prassad Yadav, resident of Dhobana, P.O. & P.S. Pathrol, District Deoghar, presently working as Assistant Teacher, Government Upgraded Rajkiyakrit Madhya Vidyalayay, Barki Sidhawara, Gomia Block, District Bokaro, PIN-
815315. … … Petitioners Versus
1. The State of Jharkhand, through the Director, Primary Education, School Education & Literacy Department, Government of Jharkhand, Project Bhawan, H.E.C. Township, P.O. & P.S. Dhurwa, District Ranchi.
2. The District Superintendent of Education, Bokaro.
3. The State of Bihar, through Principal Secretary, Human Resource Department, Government of Bihar, Patna.
4. The Secretary, Bihar School Examination Board, Patna.
5. The Principal, Bhagwan Budh Prathmik Shikshak Shiksha Mahavidyalaya, C/o Radheshyam Yadav, B.Ed. College, Supaul, Bihar. … … Respondents ------
CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s): Mr. Ranjit Kumar, AC to GA (Bihar)
Mr. Devesh Krishna, SC Mines-III
Mr. Faisal Allam, AC to SC Mines-III
------
04/ 27.03.2025
By filing this writ petition, the petitioner has prayed for following reliefs:-
a.
“For issuance of an appropriate writ(s)/order(s)/direction(s) commanding for quashing of letter contained in memo no. 106 dated 25.1.2022 (Annexure-10), issued under the signature of the respondent District Superintendent of Education, Bokaro, whereby and whereunder the salary of the petitioner has been stopped for want of verification of certificate. And / Or b. The petitioner further prays for a direction upon the respondent Bihar authorities to send the verification report of the educational qualification of the petitioner. And / Or c. The petitioner further prays for a direction or
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declaration of the Teachers Training Degree, which has been awarded to the petitioner by the respondent college for academic Session 1993- 1995 as valid and lawful in as much as the said certificate has been obtained prior to coming into force of N.C.T.E. Act w.e.f. 1.7.1995.”
2.
Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
The petitioner was appointed as Inter Trained Teacher. After his appointment, he was allowed to work subject to verification of his testimonials. Later on, it was detected that his Teachers’ Training Certificate / Degree was granted by an Institute, which was not recognized under N.C.T.E. Act. Thus, the salary of the petitioner was stopped.
4.
The Institute from where the petitioner had obtained his training, challenged the non-recognition of their degree, which travelled up to the Hon’ble Supreme Court and the Hon’ble Supreme Court in Civil Appeal No.9896/2010, had held that the Institute is not recognized by N.C.T.E. and their degree cannot be given any credence.
5.
Considering the aforesaid fact, the petitioner does not have any right to continue on the said post, but the fact which cannot be lost sight of is that he has served the School from 01.03.2016 to December, 2021. Thus, it is expected that the respondents will not ask refund of the salary for the aforesaid period.
6.
With the aforesaid observation, this writ petition stands
disposed of.
7.
Pending interlocutory application also stands disposed of accordingly.
(ANANDA SEN, J.)
Prashant.Cp-2