Page 1

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  1

Page 2

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  2

Page 3

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  3

Page 4

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  4

Page 5

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  5

Page 6

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  

6

Page 7

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  7

Page 8

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

8