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Judgment
Veerender Singh Siradhana, J.—Heard the learned counsel for the parties. The petitioner has approached this Court being aggrieved of rejection of his candidature on account of Degree of B.Ed. acquired from Fakruddin Ali Ahmad Teacher Training College, Bangali Tola, Laharia Sarai, Darbhanga, (Bihar); not being a valid qualification as per Rules and Regulations of the National Council for Teacher Education.
During the pendency of the writ petition, National Council for Teacher Education, Eastern Regional Committee, has issued an order dated 02.01.2013, in compliance of the decision rendered by the High Court of Patna in CWJC No. 2407/2000, CWJC No. 11964/2000 (Fakruddin Ali Ahmad Teacher Training College vs. State of Bihar and Ors.), which reads thus:--
"After considering the records available in the file, and relevant provisions of the NCTE Act 1993, Rules, Regulations and guidelines issued by NCTE Hqrs. letter dated 14.12.2012, the Committee discussed the matter in detail and decided as under.
After studying the decisions of Hon''ble High Court of Patna carefully in the light of NCTE Regulations 2009 and have gone through the previous decisions of ERC, the Committee decided that Certificates of B.Ed. Degree obtained by the student of Fakruddin Ali Ahmad Teacher Training College during the academic session 1995-96 to 1998-99 be declared valid and information in this regard be sent to all concerned".
As per the above decision, it has been decided by Eastern Regional Committee, that Certificates of B.Ed. Degree, acquired by the students from Fakruddin Ali Ahmad Teacher Training College during the academic session 1995-96 to 1998-99, are declared valid.
The learned counsel for the parties do not dispute these facts, including the fact that in the light of the order dated 02.01.2013; the petitioner in the instant writ application, holds a valid Certificate of B.Ed. Degree, obtained from Fakruddin Ali Ahmad Teachers Training College, during the academic session 1995-96 to 1998-99.
This Court while issuing the notices of the writ application on 10.02.2010 granted an interim order, which reads thus:--
"Counsel submits that the petitioner did his B.Ed from Fakruddin Ali Ahmed Teachers Training College, Bangali Tola, Lehariya Saray, Darbhanga which is affiliated to L.N. Mithla University, Bihar in the academic session 1996-97 and the retrospective cancellation of affiliation of the institution was examined by the High Court of Patna and vide judgment dt. 28/03/2008 retrospective cancellation of affiliation was set aside. Counsel further submits that in view of the judgment of Patna High Court, referred to supra, petitioner''s services could not have been terminated by the respondents vide order Anx.12 dated 06/01/2010.
Admit. Issue notice.
In the meanwhile, operation of the order impugned Annex-12 dt. 06/01/2010 shall remain stayed till further orders and the respondents are directed to allow the petitioner to work on the post held by him prior thereto."
For the reasons stated herein above and in view of the order dated 02.01.2013, the respondent-Commission is directed to take an appropriate decision in the matter in accordance with law, keeping in view the interim order dt. 10.02.2010. With the observations and directions herein above, the writ application stand disposed of.