Patna High Court - Orders
Prabhu Nandan Prasad & Ors vs The State Of Bihar & Ors on 17 September, 2014
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12267 of 2010
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1. Prabhu Nandan Prasad S/O Late Lakshman Prasad R/O Vill.- Churaman,
P.S.- Kesariya, East Champaran, Assistant Teacher, Govt. Middle School,
Bakarpur, Block- Kalyanpur, East Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary, Department Of Primary Education, Bihar, Patna
3. The District Superintendent Of Education East Champaran
4. The District Establishment Committee East Champaran, Motihari
5. The District Magistrate Cum Chairman District Establishment
Committee, East Champaran, Motihari
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ansul & Mr. Atul Kumar
For the Respondent/s : Mr. (GP-3)
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
6 17-09-20141. This matter was heard on 29.08.2014 and following order was dictated in the open Court:-
"The only grievance which the petitioner has in the present writ application is that his qualification of Sahityalankar from Hindi Vidyapith, Deoghar is being not recognized as qualification of graduation for the promotion to the post of Teacher grade-IV.
There is no averment in the writ application that any person junior to the petitioner has been given promotion and the petitioner's case has been ignored on the ground that Sahityalankar degree of Vidyapith, Deoghar is not a recognized degree.
As it has been held by this Court in case of Sanjay Kumar Vs. State of Bihar reported in 2009(4) 1038 degree of Sahityalankar from Hindi Vidyapith Deoghar is a recognized degree, the respondents are directed not to deny the claim of the petitioner for promotion on the ground that the said degree is not recognized.
The writ application is, accordingly, disposed 2 of.
2. However, at the time of correcting the order and before signing the order, it transpired that the Division Bench of this Court vide its order dated 26.12.2012 passed in LPA No. 953 of 2012 has held that Sahityalankar degree of Hindi Vidyapith, Deoghar is not to be a recognized degree. This aspect could not be brought to my notice earlier.
3. This is to be noted that said order of the Division Bench dated 26.12.2012 passed in LPA no. 953 of 2012 arose out of an order dated 11.09.2012 passed by Hon'ble single Judge of this Court in case of Surendra Kumar Vs. State of Bihar reported in 2013(2) PLJR 80, wherein Hon'ble single Judge has dealt with an earlier order of Division Bench of this Court in case of Sanjay Kumar Vs. State of Bihar reported in 2009 (4) PLJR 1039.
4. In view of the above, I find that this writ application has no merit and is accordingly, dismissed.
(Chakradhari Sharan Singh, J) ArunKumar/-
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