Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19587 of 2012 ====================================================== 1. Ram Charitra Paswan Son Of Late Hero Paswan R/V & P.O.- Amari, P.S.- Khaira, District- Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Bhatchak, Jamui 2. Dinesh Mandal Son Of Late Moti Lal Mandal R/V + P.O.- Kalyanpur, District- Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Jamui Sanskrit, Jamui 3. Kedar Prasad Singh Son Of Late Kamleshwari Mandal R/V- Laxmipur, P.O.- Lohchi, District Munger, Presently Posted As Asstt. Teacher At Middle School, Shair, Jamui 4. Krishna Prasad Chaurasiya Son Of Late Bishundeo Prasad Chaurasiya R/V + P.O.- Gopalpur, P.S.- Khaira, District- Jamui, Presently Posted As Asstt. Teacher At Middle School, Dumarkola, Khaira, Jamui 5. Vijay Rawat Son Of Late Shiv Nandan Rawat R/V- Sohjana, P.S.- Jhajha, District- Jamui, Presently Posted As Asstt. Teacher At Middle School, Shair, Jhajha, Jamui 6. Ravi Shankar Son Of Late Brahmdeo Sah Resident Of Opposite P.D. Middle School, Jamui, Bodhban Talab, Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Sanskrit, Jamui 7. Arvind Kumar Son Of Sri Genda Prasad At, P.O. & P.S.- Sikandra, District- Jamui, Presently Posted As Asstt. Teacher At Primary School, Purani Bazar, Jhajha, Jamui 8. Amrendra Prasad Gupta Son Of Surendra Prasad Gupta R/V- Lohcha Patam, P.O.- Patam, District- Munger, Presently Posted As Asstt. Teacher At Utkramit Middle School, Mahuli, Gidhaur, Jamui 9. Nilu Kumari D/O Late Mahadeo Duvey R/V & P.O.- Bukar, P.S. & District- Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Bihari, Jamui 10. Amresh Kumar Singh Son Of Late Triveni Prasad Singh R/V & P.O.- Ratanpur, P.S.- Gidhaur, District- Jamui, Presently Posted As Asstt. Teacher At Middle School, Bukar, Jamui 11. Liladhar Kumar Son Of Late Bshnudeo Yadav R/V & P.O.- Ghorghat, P.S.- Haveli Kharagpur, District- Munger, Presently Posted As Asstt. Teacher At Middle School, Charghara, Jhajha, Jamui 12. Kali Charan Rajak Son Of Shri Darogi Rajak R/V & P.O. Gagri, Via- Chebara, District- Munger, Presently Posted As Asstt. Teacher At Utkramit Middle School, Amba, Jamui 13. Indradeo Ravidas Son Of Bishnudeo Ravidas R/V- Purnadih, P.O.- Matiya, P.S.- Barhat, District- Jamui, Present Posted As Asstt. Teacher At Utkramit Middle School, Ghanberiya, Khaira, Jamui 14. Jainendra Kumar Son Of Late Chunchu Thakur At & P.O.- Mamai, P.S.- Asarganj, District- Munger, Presently Posted As Asstt. Teacher At Utkramit Girls Middle School, Pakari, Khaira, Jamui 15. Tribhuvan Bhashkar Son Of Late Dashrath Prasad At & P.O.- Jiyan Bigha P.S. & District- Sheikhpura, Presently Posted As Asstt. Teacher At Middle School, Mohanpur, Anchal- Chandramandi, Jamui 16. Dilip Kumar Son Of Shri Kailash Prasad Singh R/V- Birnaudha, P.O.- Giridhara, P.S.- Shambhuganj, District- Banka, Presently Posted As Asstt. Teacher At Utkramit Middle School, Singarpur, Khaira, Jamui 17. Surichi Kumari Wife Of Shravan Kumar R/V- Abhayapur, P.O.- Patna High Court CWJC No.19587 of 2012 (2) dt.29-08-2013 2
Legal Reasoning
Dumarkola, P.S. & District- Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Sirchand Nawada, Jamui 18. Bindu Kumar Verma Son Of Late Bharat Bhushan Prasad R/V & P.O.- Suggi, P.S. & District- Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Sohjana, Gidhaur, Jamui 19. Prikshit Kumar Son Of Sri Ramehswar Tiwary At & P.O.- Sohjana, P.S.- Gidhaur, District- Jamui, Presently Posted As Asstt. Teacher At Utkramit Middle School, Sohjana, Gidhaur, Jamui 20. Mahendra Paswan Son Of Late Chethru Paswan At & P.O.- Nimbar, P.S.- Barhat, District- Jamui, Presently Posted As Asstt. Teacher At Middle School, Dhandh, Jamui 21.Pradeep Chaudhary Son Of Sri Ram Baran Chaudhary R/V- Milki Salarpur, P.O.- Amarpur, P.S.- Suryagarha, District- Lakhisarai, Presently Posted As Asstt. Teacher At Primary School, Gidhaur Musahari, Jamui .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary H.R.D., Bihar, Patna 3. The Director, Primary Education Bihar, Patna 4. The District Magistrate, Jamui 5. The District Education Officer, Jamui 6. The District Programme Officer (Est), Jamui .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv For the Respondent/s : Mr. Rishiraj Sinha GP19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2/ 29-08-2013 Having heard learned counsel for the parties and taking into account the solitary grievance of the petitioners in this writ application as with regard to including their names in the seniority list as also for being granted B.A trained pay scale on the basis of their qualification of Sahitya Alankar, this Court must take the same view as was taken by a Division Bench of this Court in the case of Muralidhar Singh and Ors vs The State of Bihar and Ors (C.W.J.C NO. 13836 of 2012), Patna High Court CWJC No.19587 of 2012 (2) dt.29-08-2013 3 wherein, it was held as follows:- " 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 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 said qualification is not recognized. teachers, the 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 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 Patna High Court CWJC No.19587 of 2012 (2) dt.29-08-2013 4 Grade-5”. that The petitioners claim from National Universities and 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 the qualification of Sahitya Alankar possessed by 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 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 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 whose Post- equivalence the Personnel Department as mentioned in the preceding Article, may be promoted to Degrees recognized Graduate by is Patna High Court CWJC No.19587 of 2012 (2) dt.29-08-2013 5 teachers higher pay-scale beyond matriculation. This facility shall not be given to Middle for getting Matric trained the basis of trained pay-scale on equivalence. For getting Matric trained scale of pay, a Middle trained teacher the Secondary School must pass the Bihar School Examination from 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." That being so, this application must fail and is, accordingly, dismissed. Ranjan/- (Mihir Kumar Jha, J)