Patna High Court - Orders
Ramashankar Patel & Ors vs The State Of Bihar & Ors on 20 March, 2017
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11255 of 2016
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1. Ramashankar Patel, S/o Late Ramdeo Mahto resident of Ward No.28,
P.S.- Nagar District- Begusarai, presently posted as Assistant Teacher in
Middle School Lakho, Begusarai.
2. Pravin Kumar, S/o Ram Bhushan Ram, R/o Vill & P.O.- Sadanandpur,
Dist- Begusarai, presently posted as Assistant Teacher in Middle School
Iniar, Begusarai.
3. Sudhanshu Kumar, S/o Upendra Narayan Singh R/o Vill- Mokhtiyarpur,
P.S.- Bhagwanpur, Begusarai, presently posted in Middle School,
Sinhma, (Gangapar), Matihani.
4. Pramod Choudhary, S/o Late Ganesh Choudhary, R/o Vill- Husaini
Chak, P.S.- Balia, Dist- Begusarai, presently posted as Assistant
Teacher in Ram Krishna Middle School Balia Begusarai.
5. Suresh Sharma, S/o Ram Bahadur Sharma, R/o Vill- NAula, Dist-
Begusarai, presently posted as Assistant Teacher in Middle School
Panapur, (Birpur), Begusarai.
6. Kumari Usha Kiran W/o Ram Udgar Singh R/o Ward No.28, Lohia
Nagar, P.S.- Nagar, Begusarai, presently posted as Assistant Teacher in
Middle School Bharra, Begusarai.
7. Surendra Kumar Paswan, S/o Sri Bhattu Paswan R/o Vill-
Kamruddinpur, P.S.- Mofassil, Dist- Begusarai, presently posted as
Assistant Teacher in Primary School Akashpur, Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Education, New Secretariat,
Patna.
3. The Director (Primary Education), New Secretariat, Patna.
4. The Regional Deputy Director of Education, Munger Division, Munger.
5. The District Education Officer, Begusarai.
6. The District Programme Officer (Establishment), Begusarai.
.... .... Respondent/s
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Appearance :
For the Petitioners : Mr. Amarendra Kumar, Advocate
For the State : Mr. Raghwanand, GA 11 with
Mr. Prabhat Kumar, AC to GA 11
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
4 20-03-2017Heard learned counsel for the petitioners and the State. Patna High Court CWJC No.11255 of 2016 (4) dt.20-03-2017 2/4
The petitioners have moved the Court being aggrieved by non-consideration of their case for promotion to B.A. Trained Scale. The petitioners have the degree of Sahitya Alankar from Hindi Vidyapeeth, Deogarh which is claimed to be equivalent to graduate degree.
Learned counsel for the petitioners submitted that being equivalent, such degree has to be recognized for the purposes of promotion also, since based on such degree, they have got post graduate degree from Nalanda Open University which is the University of the State Government. Learned counsel has also drawn the attention of the Court to the circular of the Personnel and Administrative Reforms Department dated 11.01.1991 by which Sahitya Alankar from Hindi Vidyapeeth, Deogarh has been made at par with B.A. degree with the rider that it should be with English. Learned counsel submitted that even a Division Bench of this Court in L.P.A. No. 11 of 2014 (Dr. Amresh Thakur Vs. The State of Bihar & Ors.) dated 27.01.2016 as well as L.P.A. No. 460 of 2014 (Binod Kumar Vs. The State of Bihar & Ors.) dated 19.08.2016 has held that a person having Sahitya Alankar degree on the basis of which he had achieved higher qualification, shall be considered for the purpose of giving promotion to B.A./Graduate Trained Scale. Learned counsel also referred to a Patna High Court CWJC No.11255 of 2016 (4) dt.20-03-2017 3/4 co-ordinate Bench judgment dated 03.05.2016 passed in C.W.J.C. No. 4401 of 2013 (Chandra Bhushan Pd. Singh & Ors. Vs. The State of Bihar & Ors.) for the same proposition.
Learned counsel for the State submitted that all the orders passed, including that by the Division Benches, have not taken into consideration the earlier order passed by a Division Bench in C.W.J.C. No. 13836 of 2012 ( Murlidhar Singh & Ors. Vs. the State of Bihar & Ors.) dated 27.11.2012, where it has been held that for the purposes of employment or promotion the qualification of Sahitya Alankar from Hindi Vidyapeeth, Deogarh cannot be taken into consideration. Learned counsel submitted that the said view was also expressed by this Court in earlier decisions of this Court in the cases of State of Bihar vs. Mamta Kumari reported as 2010 (4) PLJR 318 and Poonam Sharma vs. State of Bihar reported as 2012 (1) PLJR 226. It was submitted that the Court in the said decision has referred to various articles of the Bihar Education Code as well as provisions of the Bihar Taken Over Elementary School Teachers' Promotion Rules, 1993, which subsequent judgments have not considered.
In view of the aforesaid, in the opinion of this Court, the subsequent judgments of this Court relied upon by learned counsel for the petitioners, having not considered/noticed the Patna High Court CWJC No.11255 of 2016 (4) dt.20-03-2017 4/4 earlier Division Bench judgment of this Court in the case of Murlidhar Singh & Ors. (supra), and also taking into account the fact that subsequently the Government has also clarified the situation by categorically holding that Sahitya Alankar from Hindi Vidyapeeth, Deogarh shall not be recognized as equivalent to graduate degree in Notification No. 5267 dated 08.04.2016 of the General Administration Department, the matter is referred to a Larger Bench for considering the issue.
Accordingly, the matter be placed before Hon'ble the Chief Justice for being heard by a Full Bench.
(Ahsanuddin Amanullah, J) Anjani/-
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