IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17924 of 2011 Devanand Paswan, Son of Late Gyan Chand Paswan, resident of Village- Chaksikandar, P.S. Bidupur, District- Vaishali. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director (Secondary Education), Bihar, Patna. 3. The Chairman, District Board, Vaishali at Hazipur. 4. The District Education Officer, Vaishali at Hazipur. ---------------------------------- 3. 17.10.2011 The case has been listed today at the instance of the Court since in the order dated 14.10.2011 there were factual errors and thus the order was not finally signed and was ordered to be listed under the heading ‘TO BE MENTIONED’. With the consent of the parties the matter has been heard afresh. Heard Mr. Amit Kumar Anand, learned counsel for the petitioner and Mr. Gyan Prakash Ojha learned A.C. to G.A. 5 for the respondents. The petitioner is aggrieved by the order dated 3.6.2010 contained in Annexure-7 to the writ petition by which his candidature for the post of Secondary Teacher in Hindi under the District Board has been rejected only on the ground that the degree of Sahityalankar from Hindi Vidyapeeth, Deoghar was not recognized for such appointment. Learned counsel for the petitioner submits 2 that initially though the qualification possessed by him was under some controversy due to the fact that it was not recognized by the State of Bihar but subsequently, the matter has travelled to the Hon’ble Apex Court in which final decision has yet to come. He submits that in view of the same the respondents are going ahead with the process of appointment with the stipulation that the candidate should undertake that such appointment would be subject to the final decision rendered by the Apex Court in such pending cases. He submits that the authorities are refusing to accept the application form of the petitioner and thus not letting him participate in the process of appointment and being considered for such appointment. Learned counsel for the respondent State on the other side submits that from the advertisement as contained in annexure-8 to the writ petition it transpires that in view of S.L.P. No. 10964 of 2010, 12527 of 2010, 17421 of 2010, 23850 of 2010 and 23852 of 2010 which are pending before the Hon’ble Apex Court some degrees including that of B.Lib. from Deoghar Hindi Vidyapeeth shall be provisionally accepted for consideration to the post of Superintendent of Libraries with the stipulation that the candidates would give an undertaking that such appointment would be subject to the final decision 3 rendered by the Hon’ble Apex Court. Learned counsel submits that the degree issued from the institution being the subject matter before the Apex Court, even his degree, though in Hindi, from that institution shall also be governed by the decision rendered by the Hon’ble Apex Court in such batch of cases. Considering the facts and circumstances of the case the writ petition is disposed off with a direction to the concerned respondents to verify whether the qualification possessed by the petitioner from the concerned institution is also a subject matter in the pending cases before the Hon’ble Apex Court. If it is found that the same is the case, then the petitioner shall also be permitted to fill up the form and his case shall also be considered, subject to the same stipulation that he shall also give an undertaking that the appointment shall be subject to the final decision rendered by the Hon’ble Apex Court in the said case. The writ petition is accordingly disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)