STATE OF BIHAR & ORS. Vs. SANJAY KUMAR

Tags Election

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4274 of 2014, Judgment Date: Jan 06, 2016

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4274 OF 2014

State of Bihar & Ors. ..Appellants

Versus

Sanjay Kumar ..Respondent

WITH

CIVIL APPEAL NO. 4273 OF 2014

State of Bihar & Ors. ...Appellants

Versus

Azad Kumar Singh ...Respondent

J U D G M E N T

R. BANUMATHI, J.

These appeals have been filed challenging the common impugned
order dated 17.11.2009 passed by the Patna High Court allowing the writ
petitions in CWJC Nos. 5129/2009 and 18039/2009 filed by the respondents
herein and directing the appellant-State of Bihar to redo the entire
selection process for the post of Librarian considering the case of the
respondents also and further restraining the State from issuing appointment
letters to other selected candidates.
2. Brief facts giving rise to these appeals are as under:- State
of Bihar framed Bihar District Council, Secondary & Higher Secondary
Teacher (Employment & Service Conditions) Manual 2006 under Article 243G
and Section 73 read with Section 146 of Bihar State Panchayat Raj Act,
2006. Rule 4(k) (vii) (a) of the said Rules was amended in 2008. The said
amendment prescribes an essential qualification for appointments of
teachers and librarians in the schools and also regulating appointments.
As per amended Rule 4 for appointment as teachers/librarians, the
candidates must possess the graduation degree from any recognized
university with minimum 45% marks. An advertisement bearing
No.11/employment1-13/91(Part-II)-1337 dated 25.08.2008 was issued by
Government of Bihar, Human Resources and Development Department for
appointment to the post of Librarian and Teacher in different schools under
Zila Parishad and Nagar Nikaya in the State of Bihar. The said
advertisement specifically referred to Recruitment Rules 2006 although the
qualification or eligibility criteria was not specifically mentioned.
3. Respondents herein applied for the posts of Librarian. After
the advertisement was issued, the Department issued order No. 11/Ma.1-
01/2008 on 27.08.2008 containing exhaustive list of twenty eight
colleges/universities/degrees that were not then recognized by the
Government of Bihar for the purpose of the Recruitment Rules 2006 and the
advertisement dated 25.08.2008 and those degrees were not valid for
employment of teachers. The Department issued another Order No.11/M-
44/2008-1968 (Annexure P/5) on 25.11.2008 declaring that the degree of
Sahityaalankar awarded by Deoghar Vidyapeeth is not valid for employment.
The State Government issued a letter dated 27.07.2007 clarifying the stand
of the State regarding the degree of Sahityaalankar awarded by Vidyapeeth
Deoghar is not equivalent to degree of graduation for the purpose of
appointment under Bihar Education District Council, Secondary and Higher
Secondary Teachers (Employment/ Services) Rules 2006. The letter dated
27.07.2007 was subject matter of challenge in Writ Petition No. 15237/07
titled Pramod Paswan vs. State of Bihar and in the said Writ Petition, the
State was directed to take a fresh decision on the same. The State
Government examined the matter and vide Memo No. 11/M-44/2008-1968 dated
25.11.2008, it was declared that the degree of Sahityaalankar awarded by
Deoghar Vidyapeeth is not valid for employment. On 13.12.2008, the
Government of Bihar, Human Resources Development Department, issued letter
No.11/Na.1-9/2008-2053 wherein inter–alia it was specifically mentioned
that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth cannot be
attached to merit list of candidates.
4. Pursuant to the said advertisement, respondents applied for the
post of Librarian. The respondents possessed the degree of Sahityaalankar
awarded by Deoghar Vidyapeeth. Challenging the validity, legality and
correctness of the amendment of Rule 4(k) (vii) (a) of the Recruitment
Rules 2006 as amended in 2008, respondents filed two writ petitions bearing
Nos.5129/2009 and 18039/2009. The Patna High Court vide impugned order
dated 17.11.2009 allowed the writ petitions filed by the respondents
directing the State of Bihar to redo the entire selection process as above
mentioned. Aggrieved by the same, State of Bihar has filed these appeals
assailing the impugned order.
5. Mr. Gopal Singh, learned counsel for the appellants submitted
that State of Bihar has issued order dated 27.08.2008 containing list of
twenty eight institutions which were not recognized under the recruitment
rules. It was submitted that the State has considered the matter at several
occasions and has decided not to grant benefits to un-recognized degrees
and accordingly the degree of Sahityaalankar awarded by Deoghar Vidyapeeth
is not equivalent to graduation degree and the High Court has not
considered the matter in the light of order dated 25.11.2008 (Annexure
P/5).
6. Per contra, Mr. N. Rai and Mr. S.B. Sanyal, learned Senior
Counsel for the respondents contended that the degree of Sahityaalankar
makes the person eligible for appearing in the competitive examinations
conducted by the Bihar Public Service Commission and it would be arbitrary
to say that degree of Sahityalankar does not make a person eligible as per
Bihar District Council, Secondary & Higher Secondary Teacher (Employment
& Service Conditions) Manual 2006 as amended in 2008 and the same is
violative of Articles 14 and 16 of the Constitution of India.
7. We have considered the rival contentions of both the parties
and perused the material on record.
8. The issue involved in these appeals is concerned with the
interpretation of provisions in Rule 4 (k) (vii) (a) of Bihar District
Council, Secondary & Higher Secondary Teacher (Employment & Service
Conditions) Manual 2006 as amended in 2008. As noticed earlier, Rule
4(k)(vii)(a) prescribes that the candidate must have passed graduation
examination with minimum 45% marks from any recognized university. It is
the contention of the State that the respondents do not fulfill the
eligibility criteria as they possessed graduation degree from Hindi
Vidyapeeth Deoghar which is not a recognized university. As noticed above,
as per the direction of the Patna High Court in CWJC No.15237/2007, the
State of Bihar examined the matter and by an order dated 25.11.2008 held
that degree of Sahityaalankar cannot be a valid degree for appointment as
teacher. Para 6 of the said order reads as under:-
“In Bihar District Council/Urban Body Secondary/Higher Secondary
(Employment and Service Conditions) Manual, 2006, there is no provision to
employing on any equivalent degree. Besides it, for employment, after
deciding the all phases, the degree of “Sahityaalankar” given by Deoghar
Vidyapeeth and other many degrees have not been decided recognized.”
Mainly, the holder of Sahityaalankar Degree appear only at exam of some
Sahitya papers while general B.A. pass the exam of graduation in many
papers, which is more useful for education, due to this reason the degree
of Sahityaalankar from Deoghar Vidyapeeth is not valid for employment.”

Contention of the appellants is that pursuant to the above, the State sent
instructions to all the districts vide Order dated 13.12.2008 directing
them to have appointment of teachers and librarians in accordance with
Recruitment Rules 2006 as amended in 2008 and notification governing the
validity of degrees.
9. On behalf of the State, it is further submitted that the
validity of Sahityaalankar degree from the Hindi Vidyapeeth Deoghar and its
equivalence with the graduation degree has been considered in detail by the
Patna High Court in subsequent decisions filed by the State of Bihar in
CWJC No.13343/2011 and several other connected matters. It is submitted
that in the above batch matters, High Court has rejected the claim of the
petitioners thereon that the Degree of Sahityaalankar is equivalent to
graduation degree and the State of Bihar heavily relies upon the said
judgment in CWJC No.13343/2011 and batch matters. It was also submitted
that the letter dated 11.01.1991 should be read in consonance with earlier
circular with respect to Hindi Vidyapeeth Deoghar wherein it has been
mentioned that any recognition given to such degrees including
Sahityaalankar is only for the purpose of Hindi examination and not at par
with graduation or equivalence and in this regard reliance is placed upon
Press Note dated 05.05.1988 issued by the Central Government.
10. Having regard to the stand of the appellants and reliance
placed upon order dated 25.11.2008 and the Press Note dated 05.05.1988 and
the subsequent decision in CWJC 13343/2011 etc. and in the interest of
justice without commenting on the merit of the case, we deem it necessary
to remit the matter back to the High Court for consideration afresh.
11. In the light of the aforesaid discussion, the impugned order is
set aside and the same is remitted back to the High Court for consideration
of the matter afresh after affording sufficient opportunity to both the
parties. Liberty granted to the parties to file additional
documents/pleadings. We request the High Court to dispose of the matter as
expeditiously as possible. The appeals are disposed of accordingly.
Consequently, intervention application stands disposed of granting liberty
to the interveners to approach the High Court in accordance with law. In
the facts and circumstances of the case, we make no order as to costs.

….…………………..CJI.
(T.S. THAKUR)

.….……………………..J.
(R. BANUMATHI)
New Delhi;
January 06, 2016

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