IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14752 of 2009 1. MD.MATIUR RAHMAN S/O MD. JALALUDDIN R/O VILL.- NAYAGAON, P.S.- SHEYAMPUR BHATAHAN, DISTT.- SHEOHAR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, AGRICULTURE DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, AGRICULTURE DEPTT. GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE DISTT.- SHEOHAR 4. THE DEPUTY COLLECTOR, ESTABLISHMENT DISTT.- SHEOHAR 5. THE JOINT DIRECTOR, AGRICULTURE TIRHUT DIVISION, MUZAFFARPUR 6. THE DISTRICT AGRICULTURE OFFICER, SHEOHAR 7. THE BLOCK DEVELOPMENT OFFICER, SHEOHAR 8. THE DISTRICT APPOINTMENT COMMITTEE SHOHAR THROUGH DISTRICT MAGISTRATE, SHEOHAR 9. BAIDYANATH KUMAR S/O SRI CHANDRIKA SINGH R/O VILL.- TARIYANI CHHAPRA, P.S. TARIYANI DISTT.- SHEOHAR 10. SONU SRI S/O SHRI SHEO SHANKER SAH R/O VILL. AND P.S. PIPRAHI, DISTT.- SHEOHAR 11. RAJU KUMAR SINGH S/O SRI SHATRUDHAN PRASAD SINGH R/O VILL.- MAHUARIA P.S. AND DISTT.- SHEOHAR 12. MUKESH KUMAR S/O SRI RAM PUJAN SINGH R/O VILL.- BISHUNPUR KISHUNDEO P.S. AND DISTT.- SHEOHAR 13. NAND KISHORE DAS S/O SRI JAGANNATH DAS R/O VILL.- BISHAMBHARPUR, P.S. TARIYANI DISTT.- SHEOHAR 14. CHANDRA SHEKHAR KUMAR GUPTA S/O SRI RAM SWAROOP PRASAD GUPTA R/O VILL.- KUSHAHAR, P.S. TARIYANI DISTT.- SHEOHAR 15. MUKESH KUMAR S/O SRI BHIKHARI CHAUDHARY R/O VILL.- PHULKAHAN P.S. AND DISTT.- SHEOHAR 16. RENU KUMARI D/O SRI LAKSHMAN CHAUDHARY R/O VILL.- SHEOHAR, P.S. AND DISTT.- SHEOHAR 17. SANTOSH RAM S/O SRI SITA RAM R/O VILL.- RAMPUR JADU, P.S. AND DISTT.- SHEOHAR 18. THE OFFICE SUPERINTENDENT OF COLLECTOR OFFICE, DISTT.- SHEOHAR ----------- For the Petitioner:- Mr. Ramakant Sharma, Adv. MD. Anisur Rahman For the State:- G.P. 20. ---------------------- 2. 23.11.2009 Heard learned counsel for the petitioner and the State. The controversy relates to appointment on the post of Jan Sevak under Advertisement No. 1 of 2009 dated 2 16.7.2009. The educational qualification prescribed under the advertisement was matriculation or equivalent qualification from a recognized University/Board with Maths as a compulsory subject. The advertisement stipulates that the appointment are to be made in accordance with the notification no. 2252 dated 24.3.1987. Learned counsel submits that the petitioner holds the qualification of “ faquania” from the Bihar State Madarsa Education Board. Relying upon the Government notification published in the Gazette dated 22.2.1978, the submission is that the qualification of Faquania from the Madarsa Education Board is recognized by the State Government and has been declared by it as an acceptable qualification to be considered for appointment in Government services. No useful purpose will be served by keeping this writ application pending. The writ application is disposed with direction to the respondents that if the nonfiction dated 22.2.1978 still holds the field and has not been modified, cancelled or superseded, let them consider the case of the petitioner in accordance with law. In the event that the respondents find justification in the claim of the petitioner, it shall be for them to find the solution and not to indiscriminately unsettle valid and legal appointments already made. Let the respondents decide the claim of the 3 petitioner by a reasoned and speaking order displaying full application of mind so that if the occasion arise, judicial review of the order shall be facilitated. Let the same be done within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)