IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.802 of 2011 In (CIVIL WRIT JURISDICTION CASE 13155/2010) 1. AZRA PARWEEN W/O ASHARAFUDDIN R/O VILL.- BHAWANANDPUR, P.S.- BIRPUR, DISTT.- BEGUSARAI ......Appellant Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. MUKHIA, GRAM PANCHAYAT RAJ BHAVANANDPUR PERKHUND BIRPUR, DISTT. - BEGUSARAI 3. SECRETARY, GRAM PANCHAYAT RAJ BHAVANANDPUR PERKHAND BIRPUR, DISTT. - BEGUSARAI 4. THE DISTRICT MAGISTRATE, BEGUSARAI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI 6. THE BLOCK DEVELOPMENT OFFICER, BIRPUR, DISTT. - BEGUSARAI 7. THE BLOCK EDUCATION EXTENSION OFFICER BIRPUR PERKHAND, DISTT. - BEGUSARAI 8. ANURADHA KUMARI W/O BHAGAT SINGH R/O VILL.- PANAPUR, P.S.- BIRPUR, DISTT.- BEGUSARAI .....Respondents -------------------------- 2 12-08-2011 Heard learned counsel for the appellant and learned counsel for the State. The writ court has noticed the qualification of the appellant which was a degree of Maulvi and also the legal position that such degree holder could only be appointed as Urdu Teacher but there was no post of Urdu Teacher in the concerned school nor there was any student of Urdu. 2 The other technicalities loose significance when it is clear that appellant/ writ petitioner did not have the required qualification to be of teacher in a general school as she can only be a teacher of Urdu in an Urdu school. Learned counsel for the appellant has brought before us a copy of letter no. 4226 dated 11th March, 1977 issued by the Personnel Department of Government of Bihar to show that the degree of Maulvi has been granted equivalence with degree of Intermediate for entry into government service. After considering such equivalence, the department of Education, Government of Bihar has taken a policy decision and framed schemes and rules that for purpose of appointment as a Teacher in Government schools, the degree of Maulvi will be recognized only for teaching in Urdu schools where Urdu is a subject. Thus, a policy decision of a special nature for purpose of recruitment to the post of teachers has now replaced the general policy of equivalence for entry into Government service and clearly the special policy will 3 decide the matters of appointment so far as post of teachers in schools are concerned. We are not persuaded to interfere in the matter. The appeal is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.) (Amaresh Kumar Lal, J.)