IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9389 of 2010 1. SANJAY SHARMA 2. SONI RANI 3. SANJAY PRASAD SINHA 4. RAMANAND KUMAR 5. ASHOK KUMAR 6. DHIRAJ KUMAR 7. RAVI KUMAR RAJ 8. KUMARI MEENU 9. MANINDRA ALSOK RANJAN 10. BHARAT BHUSHAN 11. BRAJESH KUMAR 12. MRITUNJAY KUMAR 13. CHANDRA SHEELA 14. PRIYANKA KUMARI--------PETITIONERS Versus THE STATE OF BIHAR & ORS . with CWJC No.9390 of 2010 1. VIKAS ANAND 2. GAUTAM KUMAR 3. RAVINDRA KUMAR SINGH 4. CHANDRA SHEKHAR PANDEY 5. RAJESHWAR PRASAD 6. JYOTI SINHA 7. MRITUNJAY KUMAR 8. UMESH KUMAR BHARDWAJ 9. MANISHA KUMARI 10. SANGITA DUBEY 11. MANOJ KUMAR SINGH----PETITIONERS. Versus THE STATE OF BIHAR & ORS . ----------- 2 9.6.2010 Petitioners in both the writ applications are aggrieved as the authority concerned are not allowing them to participate in the counselling for the post of Librarian, for which the petitioners had also applied in pursuance to the advertisement published on 30.10.2008. The reason for not allowing the petitioners to participate 2 in the counselling is that the petitioners have obtained their degree of Bachelor of Library Science from Alagappa university. The issue relating to the recognition of degree in Library Science from Alagappa University has already been decided by the Supreme Court and the Patna High Court in CWJC No.17734 of 2009. The Division Bench of this Court while considering the matters relating to recognition of degree obtained from Algappa University has held as follows:- “On reading of amended Rule 4 (VII) it cannot be understood that there is stipulation that the degree of Bachelor in Library Science obtained through Distance Mode of Education, the recognition of the Distance Education Council of Indira Gandhi Open University is a must. Reliance has been placed on the advertisement for second phase of teachers’ appointment issued by the Principal Secretary, Human Resources Development Department, Government of Bihar on 29.8.2008 which does not lay down any pre-condition that approval of Distance Education Council is imperative. In essence, it 3 is contended that approval of Distance Education Council was not a condition precedent for appointment against the same post of Librarian and therefore, the petitioners could not have been denied the privilege of counselling.” The Division Bench has further held “From the aforesaid factual narration, the core question that emerges for consideration whether the students, who have passed from Algappa University through Distance Education, can be allowed to participate in the counselling. There is no shadow of doubt that the Algappa University did not have recognition from the Distance Education Council at the time of examination. It obtained post facto recognition on 24.11.2009, that is, at a belated stage. The process of appointment as set forth in the return had already been completed in January. Certain University were given post factor approval much earlier to Algappa university and at that time the process was at the infant stage. In our considered opinion, the same would make a world-wide difference. That apart, on that ground alone, this Court cannot issue a mandamus to the respondents to allow the 4 students, who had passed out from Algappa University, to appear in the counselling as the counselling is over. It is extremely difficult to put the clock back”. Since the degree of Algappa university has been held to be recognized degree and the candidates having such degree, eligible for being appointed on the post of Librarian, there is no reason for not allowing any such applicants from participating in the counselling for the appointment to the posts. The Respondent authorities are directed to allow all these petitioners for participating in the counselling as well as all similarly situated applicants for the post of Librarian, who have applied for the post in pursuance to the advertisement published on 30.10.2008. These writ applications are allowed. (Mridula Mishra,J.) A.kumar