Shambhu Kumar v. The State of Bihar through Chief Secretary, Government of Bihar, Patna

Shambhu Kumar, S/O Sri Kedar Prasad Singh, At+P.O. Nimi, Dist. Sheikhpura, Pin – 811 103

Kumar Vikram, S/O Dr. Hare Krishna Yadav, Vill + P.O. Kalhua, P.S. Shankarpur, Dist. Madhepura

Sanjay Kumar, S/O Bhart Prasad At-Muffti Mohalla, P.O. Hajipur, District Vaishali, Pin 844 101 56. Kumari Minu Prasad, S/O Sitaram Prasad, At-Mahavir Colony, Ward No. 3, P.O. Hajipur, District Vaishali

Ravi Kumar Ran, S/O Raj Kumar Prasad, At-Mahavir Colony, Ward No. 3, P.O. Hajipur, District Vaishali

Hasibul Haque, S/O Shamimul Haque, C-1, Wishwa Shanta Apt. Kabri Gali, Exhibition Road, Patna – 1 59. Ajit Kumar, Late Yadunandan Prasad, At-Lakshmanpur, Post Chandar Bakhtiarpur, Patna – 803 212

Rehan Ahmad, S/O Ashraf Hussain, Vill + P.O. Dinara, District Rohtas 61. Md. Shawaj Ahmad, S/O Ashraf Husain, Vill+P.O.Dinara, District Rohtas 62. Md. Zakir Khan, S/O Md. Shakir Khan, Vill+P.O. Dinara, Distt. Rohtas 63. Sanjay Kumar, S/O Mahendra Prasad Gupta, At+P.O. Temtha, Via Parbatta, Distt. Khagaria, Pin – 851 216

Manoj Kumar, S/O Ratan Singh, At+P.O. Partap Nagar, P.S. Naugachiya, District Bhagalpur

Rubi Kumari, S/O Dwarika Prasad, At Nawabmanzil, Frasar Road, Patna 66. Babloo Kumar, S/O Dwarika Prasad, At Nawabmanzil, Frasar Road, Patna 67. Rajesh Kumar Roshan, S/O Khikhar Prasad Yadav, At+P.O. Sattar via 4 Pancanagh, Dist. Saharsa

Pramod Kumar, S/O Sri Kameshwar Prasad, Vill-Adhapa, P.O. Sorampur, district Patna

Rajeev Ranjan, S/O Sri Ramjee Singh, vill-Adhapa, P.O. Sorampur, P.S. Janipur, Dist Patna

Santosh Kumar Singh, S/O Sabhapati Singh, vill+P.O. Saraw, P.S. Rasulpur, Dist. Chapra

Ajay Kumar-1, S/O Shyam Sundar Singh, Vill-Pandhavachak, P.O. Madhadeopur, P.S. Amarpur, Dist. Banka

Kunal Kishore, S/O Nand Kishore Prasad, F-656, Kusim Niwas, P.C. Colony, Kankarbagh, Patna

Sanjeev Kumar, S/O Nand Kishore Prasad – do -- 74. Raushan Kumar, S/O Sri Kailash Singh, vill-Usmanpur, P.O. Koshiyawan, P.S.Ekangersarai, Dist. Nalanda

Deji, S/O Anil Kumar, vill-Kamruddingdanj, P.O. Biharsharif, P.S. Lahari, Dist. Nalanda

Anjani Kumar, S/O Sri Jay Prakash Singh, At+P.O. Mahisari, Dalsingsarai, Dist. Samastipur, Pin 848 114 77. Sanjay Prasad Sinha, S/O Ramyatan Prasad Sinha, At-Dharaut, P.O. Makdumpur, Dist. Jehanabad

Mukesh Kumar, S/O Ram Pravesh Singh, At Sarthua, P.O. Tope, Dist. Patna

Manoj Kumar, S/O Ramdev Mistri, At+P.O. Maijra, P.S. Silaw, District Nalanda

Mahindra Alok Ranjan, S/O Vijay Prasad, Vill-Sultanpur, P.O. Dalabigha, P.S. Hilsha, Dist. Nalanda

Ravishekh Kumar, S/O Birjmohan Sharma, Vill-Birai, P.O. Arai, P.S. Daudnagar, Dist. Aurangabad 82. Ritesh Kumar Sinha, S/O Kamlesh Prasad Sinha, Moh-Lohiya Nagar, District Begusarai

Mrinal Kumar Mirdul, S/O Kamleshwari Singh, Vill-Manikpur, Dist. Lakhisarai

Amit Kumar, S/O Dudeshwar Singh, vill-Nawadih, P.O. Purnadih, District Aurangabad

Priya Priyadrashani, S/O Ramanuj Rao, At-Inderpuri, Colony, Dist. Betttiah

Manish Ranjan, S/O Jawahar Lal Singh, At+P.O. Gokulla, P.O. Bidupur, Dist. Vaishali

Pallawi Priyadarshani, S/O Ramanuj Rao, At Indarpuri Colony, District Bettiah

Sanjeev Kumar Singh, S/O Jagdish Prasad Singh, Chitragupta Nagar Chowk, Kankarbagh, Patna

Ramashankar Singh, S/O Shyam Nath Singh, Moulabagh, Kalyan Bhawan, 5 Arrah (Bhojpur) 802 301

Veena Singh, D/O Ramesh Prasad Singh, 305, Maheshwar Kutir, Road No. 12, Rajendra Nagar, Patna 16

Parmod Kumar Roy, S/O Late Anuj Kumar Roy, in front of Sapna Cinema Hall, Shital Tola, Arah (Bhojpur) 802 301 92. Rajeev Kumar Pandey, S/O Satyendra Pandey, Near Yadav High School Moulabagh, Arrah (Bhojpur) 802 301

Gautam Kumar, S/O Krishn Ballabh Prasad, At+P.O. Chhotki Amba, District Nawad, Pin Code 805 121

Vivek Kumar, S/O Devender Prasad Singh, New Area, Nawada 95. Nilam Kumari, D/O Devener Prasad Singh, New Area, Nawada 96. Pramod Kumar Pathak, S/O Ganeshji Pathak, Vill+P.O. Dhunchuhan, Distt Bhojpur, Pin 802 208 .. Petitioners Versus

The State of Bihar through Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

The Director, Secondary Education, Government of Bihar, Patna 4. The District Superintendent of Education, Aria 5. The District Education Officer, Aurangabad 6. The District Education Officer, Banka 7. The District Education Officer, Begusarai 8. The District Education Officer, Bhagalpur 9. The District Education Officer, Bhojpur 10. The District Education Officer, Buxar 11. The District Education Officer, Darbhanga 12. The District Education Officer, East Champaran 13. The District Education Officer, Gaya 14. The District Education Officer, Gopalganj 15. The District Education Officer, Jamui 16. The District Education Officer, Jehanabad 17. The District Education Officer, Arwal 18. The District Education Officer, Kaimuar (Bhabhua) 19. The District Education Officer, Katihar 20. The District Education Officer, Khagaria 21. The District Education Officer, Kishanganj 22. The District Education Officer, Lakhisarai 23. The District Education Officer, Madhepura 24. The District Education Officer, Madhubani 25. The District Education Officer, Munger 6

The District Education Officer, Muzaffarpur 27. The District Education Officer, Nalanda 28. The District Education Officer, Nawada 29. The District Education Officer, Patna Gramin 30. The District Education Officer, Patna Sahari 31. The District Education Officer, Purnea 32. The District Education Officer, Rohtas 33. The District Education Officer, Saharsa 34. The District Education Officer, Samastipur 35. The District Education Officer, Saran 36. The District Education Officer, Sheikhpura 37. The District Education Officer, Sheohar 38. The District Education Officer, Sitamarhi 39. The District Education Officer, Siwan 40. The District Education Officer, Supaul 41. The District Education Officer, Vaishali 42. The District Education Officer, West Champaran 43. The Sub Divisional Education Officer, Danapur, Distt - Patna 44. Algappa University, Karaikudi 630 003, Tamil Nadu, through it‟s Registrar .. Respondents With CWJC No. 2014 of 2009

1. Shailendra Kumar, son of Rajdeo Prasad, resident of village Ajwan (Bazarpar) P.O. Ajwan, P.S. Naubatpur, district Patna

Mahesh Kumar, son of Manki Singh, resident of village Makhdumpur (Ahara), P.O. Kaji Sarai, P.S. Kako, District Jehanabad

3. Neelam Kumari, daughter of Deo Sharan Singh, w/o Ganendra Kumar, C/O Ramdhari Roy, resident of Kumar Sadan, New Area, Babu Bazar, Arrah, district Arrah .. Petitioners Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary, Human Resources Development Department, 7 Government of Bihar, Patna

3. The Director of Secondary Education, Government of Bihar, Patna 4. The District Education Officer (Urban) Patna 5. The District Education Officer (Rural) Patna 6. The District Education Officer, Araria 7. The District Education Officer, Arwal 8. The District Education Officer, Aurangabad 9. The District Education Officer, Katihar 10. The District Education Officer, Kishanganj 11. The District Education Officer, Kaimur (Bhabhua) 12. The District Education Officer, Khagaria 13. The District Education Officer, Gaya 14. The District Education Officer, Jehanabad 15. The District Education Officer, Jamui 16. The District Education Officer, Darbhanga 17. The District Education Officer Nawada 18. The District Education Officer East Champaran 19. The District Education Officer, West Champaran 20. The District Education Officer, Purnea 21. The District Education Officer, Buxar 22. The District Education Officer, Banka 23. The District Education Officer, Vaishali 24. The District Education Officer, Begusarai 25. The District Education Officer, Bhojpur 26. The District Education Officer, Bhagalpur 27. The District Education Officer, Madhubani 28. The District Education Officer, Munger 29. The District Education Officer, Muzaffarpur 30. The District Education Officer, Madhepura 31. The District Education Officer, Rohtas 32. The District Education Officer, Lakhisarai 33. The District Education Officer, Supaul 34. The District Education Officer, Saharsa 35. The District Education Officer, Saran 36. The District Education Officer, Sitamarhi 37. The District Education Officer, Samastipur 38. The District Education Officer, Siwan 39. The District Education Officer, Sheikhpura 40. The District Education Officer, Sheohar 41. The Sub Divisional Education Officer, Danapur, district Patna 42. The Algappa University, Karaikudi – 630003, Tamil Nadu, through it‟s Registrar .. Respondents 8 For the petitioners .. Mr. R.P. Singh, Sr. Adv. With Mr. S.C. Mitra, Adv. For the State .. Mr. Arvind Ujwal, S.C. XI **** /3/

26.02.2009 Heard the counsel for the parties.

2. Petitioners in both the writ applications are applicants for appointment on the post of Librarian advertised through advertisement, dated 30.10.2008.

3. Posts of Librarian were advertised for almost all districts in the State of Bihar vide advertisement published on

30.10.2008. Through this advertisement applications were invited for second phase appointment in Primary and Higher Secondary School Teachers. Process for selection was to start from 01.09.2008 and to be completed in a time bound manner. Advertisement disclosed name of districts, number of primary, secondary and higher secondary schools as well as the number of vacancies for the posts of teachers in all categories as well as number of vacancies for the posts of Librarian at different places. Appointments were to be made under the amended provisions of 2008 Rules. Posts of Librarians were not provided under Bihar Zila Parishad Secondary and Higher 9 Secondary Teaches (Appointment and Service Conditions) Rules, 2006. An amendment was brought in Rule 3 of 2006 Rules by 2008 Rules. In the amended Rule, after rule 3(ix) sub section (x) was included. Under sub section (x) the post of Librarian was created to look after the management and maintenance of books libraries. Librarians‟ appointment, as per amended Rule, was to be made according to procedure provided under 2008 Rules. Similarly, amendment was brought in Rule 4 of 2006 Rule by adding sub section (vii) in Rule 4(ka) after sub section (vi). Sub Section (vii) de alt with the appointment of Librarian in Zila Parishad, Secondary and Higher Secondary School Libraries. The qualification for appointment as Librarian, as provided under Rule 4 sub rule vii(a), is that the applicant must be graduate with minimum 45 per cent marks. The age relaxation is also provided for applicants of Scheduled Castes/Scheduled Tribes and most backward class. Applicants in the trained category were also provided age relaxation in the first phase and second phase of appointments.

Petitioners‟ case in pursuance of advertisement they applied for appointment for the post of 10 Librarian in different districts in the State of Bihar. Along with their application they furnished their matriculation certificates, graduation marks sheet and marks sheet and degree certificate of Bachelor of Librarian and Information Science (in short, „BLIS‟). All these petitioners have completed their graduation course from different universities. So far their BLIS degrees are concerned, they all have done from Alagappa University, Tamil Nadu. Petitioners‟ case is that Algappa University had advertised for admission in Bachelor of Librarian and Information Science. The University has different study centers at different places in the country. Petitioners being selected, got themselves admitted for BLIS course. They completed their course, passed examination and the marks sheets as well as provisional certificates were issued in their favour by Algappa University.

Prayer of petitioners is for a direction to the respondents to consider them for appointment on the post of Librarian and appoint them with effect from the date juniors to the petitioners are appointed on the basis of advertisement, dated 30.10.2008.

Counter affidavit has been filed on behalf of the Director, Secondary Education, Government of Bihar, Patna, (respondent no. 2). In this counter affidavit it is stated that the Ministry of Human Resources, Government of India has taken a decision that the qualifications awarded through distance education from the Universities established by an Act of Parliament and the State Legislature or the institutions deemed to be Universities under Section 3 of the University Grant Commission Act, 1956, and the institution of national importance declared under an Act of Parliament stand automatically recognized for the purposes of employment to 13 post and services under the Central Government, provided it has been approved by Distance Education Council, Indira Gandhi National Open University. The Distance Education Council has also published a public notice on 11.07.2006 in Hindustan Times in order to make all concerned persons/institutions aware of this fact. Through this public notice it has been brought to the notice of all, that Distance Education Council constituted under the Indira Gandhi National Open University Act, 1985, determines standard for distance education in the country and also prescribes, relevant guidelines mandatory for all institution to obtain approval of the Distance Education Council before commencing any programme/course for degree, diploma certificates through distance mode. The Universities/institutions which are providing degree, diploma certificates through distance mode by giving misleading advertisement in newspapers that their degree, diploma certificates are recognized by University Grant Commission, are, in fact, misleading the applicants. The graduation degrees awarded through distance education by the Universities as per Government of India gazette notification, dated 01.03.1995, are recognized only when the 14 institution has obtained approval of Distance Education Council constituted under the Indira Gandhi National Open University Act, 1985. Along with this public notice, list of approved institutions with their centers and programmes have also been mentioned which is available on the web site of the Distance Education Council. Along with the counter affidavit a letter of Indira Gandhi National Open University, dated

01.12.2008, issued by the Director, Distance Education Council, has been annexed as Annexure B/1 where a clarification has been made regarding recognition of Algappa University, Tamil Nadu, by Distance Education Council. In this letter it has been stated that BLIS of Algappa University by the Distance Education Council through distance mode is not recognized by the Distance Education Council as yet.

Considering the Annexures annexed with the counter affidavit, the prayer of the petitioners that the respondents be directed to consider their case for selection on the priority basis as trained candidate having other requisite qualification for being appointed on the post of Librarian, can not be allowed. The minimum requisite qualification for the post of Librarian is Bachelor Degree from a recognized 15 University. For the post of Librarian, Bachelor Degree means B.A. with Library Science. In the case of the petitioners, they do not have recognized degree in Library Science from a recognized University. They are not eligible for the post and no direction can be issued for considering their case for selection/appointment to the post.

Accordingly, both the writ applications are dismissed. Cp:2/S.A. ( Mridula Mishra, J. )