Patna High Court - Orders
Surendra Rai & Anr vs The State Of Bihar & Ors on 11 September, 2012
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh, Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.953 of 2012
======================================================
1. Surendra Rai S/O Late Hanuman Rai Village Kailaspatti, P.O- Bakhra,
P.S- Saraiya, District- Muzaffarpur.
2. Balistha Rai @ Balishtha Roy S/O Late Raudi Rai Village Parhiyan, P.O
& P.S Saraiya, District- Muzaffarpur
.... .... Appellant/s
Versus
1. The State Of Bihar Through Principal Secretary Human Resources
Development Deptt. Govt. Of Bihar, Patna.
2. The Director, Primary Education, Govt. Of Bihar, Patna.
3. The Deputy Director, Primary Education, Tirhut Division Muzaffarpur.
4. The District Education Officer-Cum-District Programme Officer
(Planning) Vaishali At Hajipur.
5. District Education Officer-Cum- District Programme Officer (Planning)
Vaishali At Hajipur. Null Null
6. The District Education Officer-Cum-District Programme Officer
(Planning) Sitamarhi.
7. Manoj Kumar S/O Shri Ram Kishore Singh Village+P.O- Kalyanpur, P.S
Paru, District- Muzaffarpur.
8. Mahi Kumari W/O Shri Pawan Deo Sharma Village & P.O Kamalpura,
P.S- Paru, District- Muzaffarpur.
9. Prabhu Lal Sah S/O Late Butan Sah Village- Bahora, P.O. Patahi, P.S-
Sadar, Distt- Muzaffarpur.
10. Sunil Kumar Thakur S/O Shri Surya Deo Thakur Village- Dwarika
Nagar, P.O Bind, P.S District- Muzaffarpur.
11. Santosh Kumar S/O Shri Surj Prasad Village & P.O- Bangara Nijamat,
P.S- Sahebganj, District- Muzaffarpur.
12. Birendra Kumar S/O Tej Narayan Singh Village- Benipur Tola, P.O-
Bharthuwa, P.O- Aurai, District- Muzaffarpur.
13. Om Prakash S/O Late Nand Kishore Singh Village & P.O Amba, P.S-
Hathauri, District- Muzaffarpur.
14. Awadh Kishore Singh S/O Shri Subh Narayan Singh Vill- Gosain Tola,
P.O- Chochohahi, P.S Paru, District- Muzaffarpur.
15. Mintu Kumari W/O Shri Hari Sharan Prasad Singh Village & P.O-
Samaspura, P.S- Bhatuwa, District- Vaishali.
16. Nita Kumari W/O Shri Dhirendra Kumar Village- Kharauna Jairam,
P.O- Khauranadih, P.S- Kurhni, District- Muzaffarpur.
17. Smt. Kumari Bandana Singh W/O Shri Sanjay Kumar Village-
Manjhaul, P.O- Manjhaul, P.S- Cheriya, Bariyarpur, District- Begusarai.
18. Smt. Manorma W/O Shri Sadan Kumar Thakur Village & P.O- Patahi,
P.S- Sadar, District- Muzaffarpur
19. Shri Upendra Kumar Rai S/O Late Sitaram Rai Village- Mohammadpur
Swaj, P.O- Pratarpurgiddhs, P.S- Karja, District- Muzaffarpur.
20. Shri Aurn Kumar Choudhary S/O Sri Bindeshwar Choudhary Village-
Chakwarkurwa, P.O- Bishundutpur, P.S- ................., District- Muzaffarpur.
21. Kumari Asha Sinha W/O Shri Parasnath Singh Village & P.O Bilah
Laghundeo, P.S- .................., District- Vaishali.
22. Kumari Madhuri W/O Shri Rabindra Kumar Singh Village- Dumri,
P.O- Nayagonj, P.S..............., District- Vaishali.
23. Binod Kumar S/O Late Tarakant Jha Village- Madhaur, P.O Manpur
Ratnwal, P.S- Saidpur, District- Sitamarhi.
2 Patna High Court LPA No.953 of 2012 (5) dt.11-09-2012
2/4
24. Kumod Kumar S/O Late Chandrashekhar Prasad Singh Village-
Akhityarpur, P.O- Bhanborha
.... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun Kumar
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
and
HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)
5 11-09-2012On hearing the parties it transpires that before issuance of Circular dated 11th January 1991 by the Personnel and Administrative Reforms Department, Government of Bihar, Sahityalankar Degree granted by Hindi Vidyapeeth, Deoghar was recognized as equivalent to B.A.(Honours) only for the purpose of proficiency in Hindi subject. But by the Circular dated 11 th January 1991, apparently for the purpose of appointment in State Services, the State of Bihar accorded that Degree the status of B.A. degree with certain conditions mentioned in the said Circular.
It appears that on 27th August 2008, the Principal Secretary, Human Resources Development Department (now Education Department), Government of Bihar issued Notification contained in Memo No. 1346 and it was made clear that Sahityalankar Degree from Hindi Vidyapeeth, Deoghar is not recognized as equivalent to B.A. 3 Patna High Court LPA No.953 of 2012 (5) dt.11-09-2012 3/4 From the discussions made by the learned Single Judge in Para-26 of the judgment under appeal, an impression is created that due to lapse of time, Hindi Vidyapeeth, Deoghar may have lost its glory or even existence. What is the basis of this institution under law and who are the people managing this Institution as well as their qualification etc. appears to be under cloud.
Granting equivalence to a degree awarded by Private Institution having no statutory basis, requires a lot of care and caution as well as adequate research. In case the Institution has ceased to function on proper lines, its degree and certificates will not be worth paper on which they are issued. Recognition in such a state of affairs may amount to perpetuate fraud in respect of public employment.
In view of aforesaid doubt, we direct the Principal Secretary, Education Department, Government of Bihar to send a team of efficient Gazetted Officers to prepare a detailed report regarding Hindi Vidyapeeth, Deoghar, including its statutory base, if any, quality of management and qualification of persons running the Institution. The existing infrastructure should also be noted in detail along with the methodology used for holding examinations and granting certificates. The report should be specific as to whether the Institution has infrastructure to train people in the 4 Patna High Court LPA No.953 of 2012 (5) dt.11-09-2012 4/4 number for which certificates are being issued by the Institution and to hold examination for that purpose.
The report of the Committee should be carefully examined by the Principal Secretary himself and forwarded with his comments to this Court so that this Court may be in a position to have the views of the Principal Secretary representing the Government as to what should be the approach of this Court and the Government in the matter of granting equivalence to the degree and certificates issued by Hindi Vidyapeeth, Deoghar.
As requested by the counsel for the State, we grant ten weeks' time to the Principal Secretary, Education Department to submit the required report to this Court.
List this matter under the same heading after ten weeks. On that day, the parties should make available before this Court a copy of Memo No. 1346 dated 27th August 2008 issued by the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.
(Shiva Kirti Singh, J) Jay/-
(Shivaji Pandey, J)