IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17534 of 2008 GAUTAM KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- 2 9.4.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the State. Petitioner’s prayer is for quashing of order contained in Memo no. 192 ( Ni. Ko.) dated 14.6.2008 issued by the District Education Officer, Samastipur, whereby services of the petitioner as Hindi Teacher of High School Rupauli has been terminated on the ground that the degree of Sahitya Alankar procured from Hindi Vidyapeeth Deoghar is not recognized by the Department. Petitioner’s case is that so far the recognition of the degree is concerned, the reason for termination of this appointment is wrong as the degree is recognized by the Department vide order bearing No. B/R-303/84 Ka. 541 dated 11.1.1991 issued by the Personnel and Administrative Reforms Department, Govt. of Bihar, Patna. The issue relating to recognition of Sahitya Alankar degree from Hindi Vidyapeeth, Deoghar has 2 already been decided by the Division Bench in the case of Sanjay Kumar Vs. State of Bihar and ors reported in 2009(4) PLJR 1038. In the reported decision the eligibility criteria relating to appointment of Librarian was challenged on the ground that the classification is arbitrary in between the Graduate from the recognized University and those having equivalent recognized degree. In the light of the Division Bench judgment, the matter relating to Sahitya Alankar Degree from Hindi Vidyapeeth,Deoghar in case of teachers’ appointment has also been considered in CWJC No. 16401 of 2009 (Ravi Kant Jha Vs. State of Bihar & ors.). In this judgment it has been held that the finding recorded by the Division Bench in the matters of Librarian’s appointment is applicable in the matters of teachers’ appointment. The impugned order contained in memo no. 192 (Ni. Ka.) dated 14.6.2008 issued by the District Education Officer, Samastipur is quashed. The Sahitya Alankar Degree from Hindi Vidyapeeth Deoghar is recognized degree and any one appointed on 3 consideration of this degree, treating it equivalent to graduation degree, is valid. Any appointment made on consideration of Shatiya Alankar Decree procured from Hindi Vidyapeeth, Deoghar being recognized and equivalent to graduation degree, cannot be held an illegal appointment. The respondents are directed to reinstate the petitioner in the same school, where he was working with all consequential benefits. The writ application stands allowed. (Mridula Mishra,J.) A.kumar