PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct. 9:
Heard learned Advocate for the petitioner and the learned Advocate for the respondents.
2. The petitioner has preferred the present writ petition for the following reliefs:
(i)For issuance of an appropriate writ in the nature of certiorari for setting aside the order dated 25.07.2014 passed by the respondent District Education Officer as contained in his memo No. 5101 dated 25.7.14 whereby and where under petitioner has been terminated from service only on the ground that the institution from which petitioner has got trained certificate that is "Dr. Bimrao Ambedkar Hindi Sanskrit vidyapith" has got not got recognition from competent authority.
(ii)Further for issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the respondent authority to re instate the petitioner in service and pay the entire consequential benefit with statutory as well as penal interest.
(iii)Further for issuance of any other appropriate writ/ writs, order/orders, direction/ directions for which petitioner shall be found entitled Under the facts and circumstances of the case under principle of equitable justice."
3. It is submitted that since the issue came to be settled by a Division Bench of this Court in L.P.A. No. 1254 of 2016 and other analogous appeals, the copy of which is placed on record as Annexure-P/6, the matter is required to be sent before the District Education Officer, East Champaran, Motihari, who shall consider the claim of the petitioner and pass appropriate order.
4. Learned Advocate for the State referring to the counter affidavit has submitted that since the training certificate furnished by the petitioner, which was issued by the Dr. Ambedkar Hindi Sanskrit Vidyapith, Jokiya, Begusarai, has been found to be invalid institution, no relief could be granted to the petitioner.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNTM4OCMyMDI0IzEjTg==-1qbdP3NfviY=
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