Patna High Court - Orders
Amrendra Narayan Singh vs The State Of Bihar & Ors on 22 April, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2560 of 2013
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1. Amrendra Narayan Singh S/O Late Pradeep Narayan Singh R/O Vill-
Bhaluhar, P.S.-Pawai, P.S.-Amarpur, Distt-Banka, At Present Posted As
Assistant Teacher Middle School, Madhyanath Amarpur, Distt-Banka
2. Birendra Kumar Jha S/O Late Santlal Jha R/O Vill+P.O.-Nagarpara
Narayanpur, P.S.-Narayanpur, Distt-Banka, At Present Posted As Assistant
Teacher Upgraded Middle School, Samukhiya
.... .... Petitioners
Versus
1. The State Of Bihar Through The Principal Secretary, Education
Department, Govt. Of Bihar, Patna
2. The Principal Secretary, Education Department, Govt. Of Bihar, Patna
3. The Director, Primary Education, Govt. Of Bihar, Patna
4. The District Establishment Education Committee Through Its Collector,
Banka
5. The District Education Officer, Banka
6. The District Programme Officer(Establishment)Banka
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Adv.
Mr. Shiw Kr. Prabhakar, Adv.
For the Respondent/s : Mr. Subodh Kumar, AC to GP14
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
2 22-04-2014Heard learned counsel for the parties as with regard to the following reliefs prayed in this writ application:-
"For directing the respondents to promoting the petitioner in Graduate Arts Trained Scale (Grade IV) from due date.
Also for directing to the respondents to give all monetary benefits for which the petitioner will be entitled to get promotion to the post of Arts Graduate Trained Scale (Grade IV) from due date."
In the considered opinion of this Court, the prayer of the petitioners in this writ application for grant of graduate trained pay scale is wholly misconceived for two reasons. Firstly, the statutory Patna High Court CWJC No.2560 of 2013 (2) dt.22-04-2014 2 Rules framed either in the year 1993 or subsequently in the year 2011 lay down that the graduation has to be made in regular curriculum like Bachelor of Arts (B.A.), Bachelor of Science (B.Sc.) etc. Any equivalent degree that a person may possess may make him eligible for specialized post of teachers but not for grant of B.A. trained pay scale which is the first promotional post of Matric trained pay scale.
The issue in fact has been gone at length by this Court while examining the aspect of teachers having qualification of Sahityalankar and a Division Bench of this Court by its judgment dated 27.11.2012 in C.W.J.C.No. 13836/2012 (Muralidhar Singh & ors. V. the State of Bihar & ors.) has held as follows:
"Under order dated 14th August 2012 made by the learned single Judge, this Petition has been referred to the Division Bench for consideration whether "the qualification of Sahitya Alankar from Hindi Vidyapeeth at Deoghar is equivalent to Graduation for services and promotion in the State of Bihar more particularly in the light of the Education Code and the decision of the State Government dated 11.01.1991 and what may be contained in letter no. 1346 dated 27.08.2008".
The petitioners are teachers in the Government Upgraded Middle Schools. While in service, the petitioners have acquired qualification of Sahitya Alankar from Hindi Vidyapeeth at Deoghar. On the strength of the said qualification, the petitioners claim promotion to Grade-6. Since, their names were not included in the list of teachers eligible for promotion to Grade-6, they approached the Divisional Patna High Court CWJC No.2560 of 2013 (2) dt.22-04-2014 3 Commissioner, Bhagalpur. The Divisional Commissioner has, under his order dated 24th February 2012, rejected the claim. Therefore, this Petition.
Learned Advocate Mr. Dinu Kumar has appeared for the petitioners. He has submitted that the Government of Bihar has, under its Personnel and Administrative Reforms Department, recognized and decided the equivalence of the certificates issued by the Hindi Vidyapeeth, Deoghar. As far as Sahitya Alankar is concerned, it is considered to be equivalent to B.A. (Bachelor‟s degree in Arts).
Petition is contested by the State Government. The State Government has relied upon the Order dated 27th August 2008 made by the Government of Bihar in its Human Resources Development Department. According to the said Order, the certificate of Sahitya Alankar issued by the Hindi Vidyapeeth, Deoghar equivalent to B.A. is not recognized by the State of Bihar for the purpose of appointment in Secondary and Higher Secondary Schools under the fcgkj ftyk ifj'kn ek/;fed ,oa mPprj ek/;fed f"k{kd ¼fu;kstu ,oa lsok "krZ½ fu;ekoyh] 2006 ,oa fcgkj uxj fudk; ek/;fed ,oa mPprj ek/;fed f"k{kd ¼fu;kstu ,oa lsok "krZ½ fu;ekoyh] 2006 On reading of the above referred two Orders issued by the Government of Bihar, it appears that the Government of Bihar has in a general accepted the equivalence of Sahitya Alankar issued by the Hindi Vidyapeeth, Deoghar to that of B.A. However, for the purpose of appointment of the teachers, the said qualification is not recognized.
We are informed that the petitioners are governed by the Bihar Taken Over Elementary School Teachers' Promotion Rules, 1993 (hereinafter referred to as „the Rules). Clause-8 of sub-section (1) of Rule 2 of the Rules defines "Grade- 6" to mean "Trained graduate Selection Scale Rs. (2200- 4000)". Clause 14 of the said sub- section defines the term "Trained graduate" to mean "those persons who are graduates or possess equivalent qualification and are trained". Rule 5 Patna High Court CWJC No.2560 of 2013 (2) dt.22-04-2014 4 of the said Rules provides for "eligibility". Clause 3 of the said Rule 5 provides, "for promotion to Grade-6 - Trained post-graduate and minimum 12 years of service in Grade-5, or trained graduate and minimum 18 years of service in Grade-5".
The petitioners claim that they having obtained qualification of Sahitya Alankar from Hindi Vidyapeeth, Deoghar; they possess qualification equivalent to graduate; the petitioners being trained graduates, are entitled to promotion to Grade-6.
The question that precipitates is whether the qualification of Sahitya Alankar possessed by the petitioners is equivalent to graduate and that the petitioners are eligible for promotion to Grade-6.
We have to refer to Articles 358 and 359 of the Bihar Education Code. Article 358 deals with "recognition of certificate from National Universities and the equivalence with respect to the degrees granted by the recognized University". As far as Hindi Vidyapeeth, Deoghar is concerned, the only recognized qualifications are „Praveshika‟ equivalent to Secondary School Examination or Matriculation and Sahityabhushan equivalent to Intermediate. It further says that the said recognition was extended up to 31st December 1987. Meaning thereby that since 1st January 1988 even those qualifications are not considered equivalent for the purpose of appointment of teachers. Evidently the qualification of Sahitya Alankar is not recognized for the purpose of appointment of teachers.
Article 359 of the Bihar Education Code makes the intention of the State Government not to engage any teacher who does not posses a Secondary School Examination certificate from a recognized Board or a degree from a statutory University. It reads thus:
"Article 359. Appointment to teacher's post forbidden on the basis of equivalence of Patna High Court CWJC No.2560 of 2013 (2) dt.22-04-2014 5 Certificates.- In order to raise the quality of teaching in school, it has been decided by the State Government that only those persons who have passed examinations held by the Bihar School Examination Board, Central Board of Education, Secondary Examination Boards of other States or Degrees obtained from statutory Universities shall be compulsory for appointment to the post of teachers in the Primary, Middle and High schools.
(2) x x x x x x-------
(3) But if teachers of Primary,
Middle and High Schools pass
examination equivalent to
Intermediate, Graduate, and Post- Graduate Degrees whose equivalence is recognized by the Personnel Department as mentioned in the preceding Article, may be promoted to higher pay-scale beyond matriculation. This facility shall not be given to Middle trained teachers for getting Matric trained pay-scale on the basis of equivalence. For getting Matric trained scale of pay, a Middle trained teacher must pass the Secondary School Examination from the Bihar School Examination Board". It may be reiterated here that the qualification of Sahitya Alankar is not mentioned in the preceding article, Article 358.
It is thus clear that the qualification of Sahitya Alankar secured from Hindi Vidyapeeth, Deoghar is not recognized for the purpose of appointment and promotion of the teachers.
In above view of the matter, we hold that in the State of Bihar the certificate of Sahitya Alankar conferred by the Hindi Vidyapeeth, Deoghar is not recognized for the purpose of appointment or promotion of a teacher. The same view has been expressed by this Court in the matters of State of Bihar and Ors. V. Mamta Kumari [2010(4) PLJR 318]; and of Poonam Sharma V. State of Bihar [2012(1) PLJR 226].
For the aforesaid reasons, we see no merit in this Petition. Petition is Patna High Court CWJC No.2560 of 2013 (2) dt.22-04-2014 6 dismissed in limine."
In the considered opinion of this Court the position of the petitioners having Shastri qualification will be no different. All these qualifications were/are meant for being specialized subject teacher in the ancient subject of Sanskrit and that can definitely make the person eligible to claim benefit of that post but the moment a person will seek promotion in a regular cadre he or she will have to fulfil the statutory requirement of promotion.
Having thus regard to the provisions of the statutory Rules particularly one which is prevailing from the year 2011 this Court will have no difficulty in coming to the conclusion that the petitioners do not possess the prescribed qualification for their promotion on the post of B.A. trained teacher.
That being so, this application must fail and is, accordingly, dismissed.
(Mihir Kumar Jha, J) surendra/-