Subhash Chandra Paswan v. State of Bihar through the Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar
2014-09-05
CHAKRADHARI SHARAN SINGH
body2014
DigiLaw.ai
Order 1. This is an application seeking quashing of the order dated 27.07.2007 passed by the Director, Secondary Education, Government of Bihar whereby the petitioner’s qualification of Sahityalankar degree acquired by him from Hindi Vidyapith, Deoghar has not been recognized and has not been treated as equivalent to Graduation degree. 2. In support of his submission that Sahityalankar degree acquired by the petitioner from Hindi Vidyapith, Deoghar is equivalent to Graduation degree, learned counsel for the petitioner relied upon a Division Bench judgment of this Court in case of Sanjay Kumar Vs. State of Bihar reported in 2009 (4) P.L.J.R. 1038 . He has also placed reliance upon another judgment of this Court dated 01.04.2010 passed in C.W.J.C. No. 17042 of 2009 to contend that the said degree is recognized as equivalent to graduation degree. 3. A supplementary counter affidavit on behalf of the State Respondents has been filed bringing on record a judgment of this Court passed in C.W.J.C. No. 13343 of 2011 (Reeta Srivastava Vs. State of Bihar and others) dated 07.05.2012 wherein this Court held in paragraphs No. 27 and 28 as follows:- “27. To sum up therefore, this Court categorically holds that a Sahityalankar degree is not equivalent to graduation and no holder of a degree of Sahityalanakar, therefore, can claim the benefit of promotion to the Subordinate Education Service as a matter of right. The recognition if at all given by the State is with a limited object which has been talked about earlier, that is for the purpose of qualifying any Hindi examination and drawing advantage thereof in service and not to beget appointment based on the eligibility laid down for such recruitment or promotion by treating such degree to have equivalence. 28. A Sahityalankar degree therefore is not equivalent to graduation degree in light of what has been held by this Court in this decision and therefore none of the petitioners have been illegally and arbitrarily discriminated by refusal of the State to bring them within the zone of consideration for promotion to the Subordinate Education Service.” Hon’ble Single Judge of this Court while coming to this conclusion considered the said Division Bench judgment of this Court in case of Sanjay Kumar and Ors. Vs. State of Bihar and Ors. (supra).
Vs. State of Bihar and Ors. (supra). Alongwith the said counter affidavit, an order of Division Bench of this Court passed in L.P.A. No. 953 of 2012 and others cases (Surendra Rai Vs. State of Bihar) dated 26.11.2012 has also been brought on record whereby this Court upheld the judgment of this Court in case of Reeta Srivastava (supra) recording agreement with the finding of the Hon’ble Single Judge in case of Reeta Srivastava (supra) that Sahityalankar was not equivalent to Graduation. 4. Learned counsel appearing on behalf of the petitioner has attempted to persuade me that by earlier Division Bench judgment of this Court in case of Sanjay Kumar and ors. Vs. State of Bihar, this Court saved the vires of the provision under Rule 4(Ka)(ii) of the said Rules by reading it down to the effect that Sahityalankar degree was to be treated as equivalent to Graduation degree and, therefore, said judgment is a binding precedent. 5. I cannot agree with such submission. The judgment of the co-ordinate Bench is binding upon me as the said co-ordinate bench has already considered Division Bench judgment in case of Sanjay Kumar (supra). Secondly a Division Bench of this Court has upheld the judgment in case of Reeta Srivastava (supra) while exercising powers in Letters Patent Appeal. In such circumstance, following judgment of this Court in case of Reeta Srivastava (supra) and Surendra Rai (supra), I hold that Sahityalankar degree cannot be said to be equivalent to Graduation degree. 6. I find no merit in this application. This application is dismissed accordingly.