IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9460 of 2008 UNION OF INDIA & ORS Versus MADAN PRASAD ----------- For the petitioners: Mr. Bijay Kumar Sinha For the respondent: Mr. Sanjay Krishna Bariar --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 18th July, 2008 Heard the counsel for the petitioners. 2. It appears that the Tribunal relied upon its earlier order dated 10th May, 2004 passed in O.A.No.16 of 2003 and based on that, granted relief to the respondent. 3. Paragraphs 4 to 7 of the Tribunal’s order read thus: “The crucial point to be decided in this case is whether the Railway Recruitment Board was correct in rejecting the Madhyama Certificate of the applicant who had passed this test with Sanskrit, English, Hindi, History and Geography. More or less a similar issue had come before the Patna Bench of the Central Administrative Tribunal in O.A.No.16 of 2003 and the Division Bench disposed of the O.A. on 10.5.2004. While disposing of the O.A. the Division Bench has observed “Bare perusal of the referred circular clearly envisages that degree of Madhyama granted by KSDSV, Darbhanga is equivalent to higher Secondary. Thereafter, the said examination have been conducted by Bihar Sanskrit Shiksha Board after 1983. Therefore, it can safely be held that the applicant possesses requisite qualification of matriculation for said promotional examination.” This order of the Patna Bench of Central 2 Administrative Tribunal was upheld by the Patna High Court and the Hon’ble Patna High Court had noted that if a candidate has passed Uttar Madhyama with English as a subject, it can be considered as equivalent to Matriculation or Secondary School Examination. Since the Bihar Sanskrit Board is a creation of Bihar Legislative Assembly, a degree issued by this Board cannot be refused recognition by the Railway Board or the Union of India. We, therefore, are of the opinion that the Railway Recruitment Board had made a serious mistake in disallowing the applicant from being taken as a successful candidate only on this point. Since the impugned order at Annexure-A/6 does not mention any other ground for disallowing the applicant, we can presume that the only reason for disallowing him was the non-recognition of the Bihar Sanskrit Shiksha Board and its certificate by the Railway Board. W, therefore, direct the respondents to accept the applicant as a successful candidate. The impugned order at Annexure –A/6 [final result of the Railway Recruitment Board] so far as it relates to the applicant is quashed. The respondents are directed to send a communication on these lines to the applicant within two months of the receipt of this order. No costs.” 4. We find no justification to have a view different from that of the Tribunal. 5. The writ petition is dismissed in limine. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-