IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 3859 of 2010 1. THE ZILA ARAJPATRIT PRARAMBHIK SHIKSHAK SANGH,SHEOHAR THROUGH THE PRESIDENT -NANDU SAH S/O LATE RAM PRIKSHAN SAH R/O VILL PAKRI,P.O.CHHATTAUNA VISHANPUR,P.S.PIPRAHI,DISTT-SHEOHAR,PRESENTLY POSTED AS ASSISTANT TEACHER ,ADARSH MADHYA VIDYALAYA ,SHEOHAR 2. ISHWAR NATH JHA S/O LATE DEVENDRA JHA R/O VILL &P.O.SUGIA KATASARI,P.S. SHEOHAR,DISTT-SHEOHAR,PRESENTLY JOINT SECRETARY,THE ZILA ARAJPATRIT PRARAMBHIK SHIKSHAK SANGH ,SHEOHAR AND POSTED AS ASSISTANT TEACHER ,GIRLS MIDDLE SCHOOL,SHEOHAR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR,PATNA 2. THE PRINCIPAL SECRETARY,PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT ,GOVT.OF BIHAR,PATNA 3. THE PRINCIPAL SECRETARY,DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT (PRIMARY EDUCATION) GOVT.OF BIHAR,PATNA 4. THE DIRECTOR ,DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT (PRIMARY EDUCATION) GOVT.OF BIHAR,PATNA 5. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN,DISTRICT ESTABLISHMENT COMMITTEE(PROMOTION) SHEOHAR 6. THE DISTRICT DEVELOPMENT COMMISSIONER -CUM-MEMBER ,DISTRICT ESTABLISHMENT COMMITTEE (PROMOTION) SHEOHAR 7. THE DISTRICT EDUCATION OFFICER-CUM-MEMBER ,DISTRICT ESTALISHMENT COMMITTEE(PROMOTION) SHEOHAR 8. THE DISTRICT WELFARE OFFICER-CUM-MEMBER ,DISTRICT ESTABLISHMENT COMMITTEE(PROMOTION) SHEOHAR 9. THE DISTRICT SUPERINENDENT OF EDUCATION-CUM-MEMBER ,DISTRICT ESTABLISHMENT COMMITTEE(PROMOTION) SHEOHAR 10. THE DISTRICT PANCHAYATI RAJ OFFICER -CUM-MEMBER ,DISTRICT ESTABLISHMENT COMMITTEE(PROMOTION) SHEOHAR ----------- 2 05.08.2010 The petitioners, by this writ application, claim that they were entitled to Senior Selection Grade and Graduate Trained Scale, they being Assistant Teachers in different Primary and Middle Schools. With reference to proceedings of the Establishment Committee dated 18.02.2009 of the District – Sheohar wherein it has been observed that persons, who were holding degree of Sahitya Alankar granted by the Hindi Vidyapith, Deoghar, they were not qualified to be recruited for the post of Assistant Teacher on basis of that qualification. In this connection, reference may be made to the order of the State Government 2 in the Department of Human Resources Development dated 27.08.2008 (Annexure-7 to the writ petition). Thus, the Establishment Committee granted Senior Selection Grade to other Assistant Teachers. To the petitioners and their like, they kept the same on hold keeping requisite number of posts and sought clarification. The clarification not coming forthwith, petitioners have learnt that the Establishment Committee is now to grant the Senior Selection Grade and Graduate Trained Scale to other Teachers. They apprehend that the number of posts, in respect of which Senior Selection Grade and Graduate Trained Scale can be granted being limited once others are granted and petitioners, who are otherwise qualified to get the same, are deprived, it will cause petitioners irreparable loss. Learned counsel for the petitioners relies on the judgment of a Division Bench of this Court in the case of Sanjay Kumar and another – Versus- State of Bihar and others, 2009 (4) PLJR 1038 in which it has been clearly held that Sahitya Alankar from Hindi Vidyapith, Deoghar is duly recognized by the State of Bihar and is equivalent to Graduation from a recognized University for the purposes of employment to the post of Teachers in Schools. He submits that apparently this aspect of the matter has been totally lost sight of by the district authorities while taking into account the State Government notification dated 27.08.2008. The said notification, in my view, relates to the 2006 Rules which have been considered by the Division Bench and the Division Bench has clearly held that the degree of Sahitya Alankar is equivalent to Graduation for the purposes of appointment of Teachers. That being so, I direct the petitioners to immediately 3 represent before the District Superintendent of Education, Sheohar who would decide the matter in accordance with the judgment, as noted above, within a period of fortnight from the date of production of a copy of this order before him and intimate to the District Establishment Committee its decision. The District Establishment Committee would not take any steps to grant Senior Selection Grade and Graduate Trained Scale to any person on the post kept for petitioners and their like till final decision in the matter by the District Superintendent of Education is taken. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)