Durgesh Kumar son of Sri Raj Kumar Gupta vs The State of Bihar

Heard parties.

This writ application has been filed inter alia for

grant of following reliefs:-

"I For issuance of direction to the Respondents to release the Certificate of Secondary / Senior Secondary Teacher Eligibility Test (BSITET) of the Petitioners which has been impounded in the Office of Respondent No -

II. For directing the Respondents to give permission to the Petitioners to appear in the Teachers Employment process to be held in Patna Division.

III For issuance of such other appropriate order or direction which may deem fit and proper in the facts and circumstances of the present case."

It is contended that pursuant to the notification published

on 25.8.2015 in a daily newspaper, the petitioners applied for

appointment as teachers in Music. However, due to Assembly

election, the appointment process was stopped and, vide

Annexure 3, fresh calendar for appointment process was issued.

Both the petitioners applied pursuant to the notification dated

1.12.2015 for appointment on the post of teachers in Music under

the Patna Nagar Nigam / Zila Parishad / Khagaul Zila Parishad.

However, since selection process for the post of Music teacher

was not proceeded and the petitioners were kept in dark, they

joined as Music teacher in Bhojpur Zila Parishad / Nagar Nigam

under Girls High School Asani and H.N.K. High School, Ara.

It is claimed by the petitioners that at the time of

appointment, original certificates of Secondary / Senior

Secondary Teacher Eligibility Test (STET) were deposited and

kept in the office of the respondent no. 3, i.e., the District

Education Officer, Bhojpur, Ara. Now, since the selection process

under Patna Division is also going to commence as a notification

in that regard has already been issued vide Annexure 6, the

petitioner no. 1, who is physically challenged person and petitioner

no. 2, who is a lady and her husband is employed in Patna

Secretariate, want to participate in the aforesaid selection process

of Patna Division but unless the original certificate is released by

the respondent no. 3, they would not be able to participate and

appointed in Patna Zone.

Though no counter affidavit has been filed in this matter,

Annexure 5 which are appointment letters with respect to the

petitioner no. 1 and petitioner no. 2 in Bhojpur District clearly

stipulate under clause 5 thereof that after perusal of all the

original certificates, the joining would be allowed. Similarly,

clause 6 stipulates that the self attesting copies of all the

certificates would be kept in the office so that they could be

verified from the respective offices. Thus, it is clear therefrom

that the original certificates as such are not required to be kept in

office. However, the petitioners claim that their original

certificates are lying with the respondent no. 3 and are not being

released.

Petitioners place reliance upon a decision dated

16.5.2014 rendered in C.W.J.C. No. 8514 of 2014 (Abhishek

Kumar and anr. Vs. The State of Bihar & ors.), as contained in

Annexure 8, wherein in an identical situation, the learned Single

Judge had directed the petitioners to approach the District

Education Officer, Bhojpur, Ara, immediately with a copy of the

order and a representation demanding return of their original

STET certificate. Thereafter, the respondent no. 3 was required to

take a decision in accordance with law.

Accordingly, this writ application is also being disposed

of in terms thereof.

However, it is made clear that the petitioners claim that

after such order having been passed, the certificate of other

candidates have been returned by the respondent no. 3, thus, there

should be no discrimination in the case of the petitioners and if

the certificates are not to be returned then a reasoned order

should be passed by the respondent no. 3. Since the process of

selection in Patna Division would commence from 19th of

January, 2017, the decision in this regard should be taken by the

District Education Officer, Bhojpur, Ara within two days after

filing a representation by the petitioners for return of the same

along with a copy of this order.