Patna High Court · 2012
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16494 of 2013 ====================================================== 1. Rajesh Kumar, S/o Sri Ram Chandra Prasad, R/o New Area, Jora Mandir (Kadam Gachh Gali) Dehri on Sone, P.S. Dehri in the district of Rohtas 2. Ramesh Ram, S/o Late Ram Janam Ram, R/o Village- Tenua Kalan, P.S. Akodhi Gola in the district of Rohtas. 3. Krishna Ram, S/o Lat Ganeshi Ram, R/o village- Baligaon, P.S. Rajpur in the district of Rohtas. 4. Ram Lakhan Pathak, S/o Late Chandrashekhar Pathak, R/o Village- Tarawn, P.S. Nasriganj, in the district of Rohtas..... .... Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna. 3. The Principal Secretary, Personnal and Administrative Reforms Department, Govt. of Bihar, Patna. 4. The Director, Primary Education, Govt. of Bihar, Patna 5. The District Education Establishment Committee, Rohtas, through Dy. Development Commissioner, Rohtas. 6. The District Magistrate-cum-Collector, Rohtas. 7. The District Education Officer, Rohtas. 8. The District Programme Officer (Establishment), Rohtas.
Legal Reasoning
.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Mr. Girija Shankar Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 26-08-2013 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:- "(i) To direct the respondents to consider the case of the petitioners for their promotion in Graduate Trained Scale teacher and also for consequent promotion to the post of Head Master as the petitioners are holding the degree of Sahitya Alankar from Hindi Bidyapith, Deoghar, which has been held equivalent to graduation by the personal and Administrative Reforms 2 Department as far back in the year 1991 vide Memo No. 541 dated 11.1.1991. (ii) Also to direct the respondents to grant trained graduate scale to the petitioners w.e.f. the date on which juniors to them have been granted i.e. on 30th July 2012." The issue relating to a person having Sahitya Alankar qualification and his being eligible for B.A. trained teacher stands covered by the judgment of the division bench of this Court in the case of Murlidhar Singh & Ors. Vs. The State of Bihar & Ors; CWJC no. 13836 of 2012 dated 27.11.2012, relevant portion of the order reads as follows: “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 terms “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 Grade-5, or trained 3 graduate and minimum 18 years of service in Grade- 5”. The petitioners claim that 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 qualification of Sahitya Alankar possessed by the 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 from National Universities and 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. Articles 359 of the Bihar Education Code makes the intention of the State Government not to 4 engage any teacher who does not possess 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 Post Graduate Degrees whose equivalence is recognized by the Personnel Department as mentioned in the preceding Article, may be promoted to higher pay scale beyond matriculation. This facility shall not be given to Middle trained teachers for getting Matric trained pay scale on the basis of equivalence. For getting Matric trained scale of pay, a Middle trained teacher must pass the Secondary School examination from the Bihar School Examination Board.” It may be reiterated here that the 5 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.
Decision
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." In view of the aforesaid binding precedent this writ application also for the same relief of grant of B.A. trained pay scale on the basis of petitioners holding the qualification of Sahitya Alankar must fail. It is, accordingly, dismissed. A.Ahmad/- (Mihir Kumar Jha, J)