IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3778 of 2010 1. KUSUM KUMARI D/O SHRI SHIVABALAK PASWAN R/O MOHALLA- BANGALIPARA, P.O.- RAJGIR, P.S.- RAJGIR, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER PATNA with CWJC No.8685 of 2010 1. SANJU KUMARI D/O SHRI SITA SARAN SAHI, W/O SHRI AWANISH NANDAN R/O VILL. & P.O.- AMHARA, P.S.- BIHTA, DISTT.- PATNA 2. AWANISH NANDA S/O LATE KAMLESH PRASAD SINGH R/O VILL. & P.O.- AMHARA, P.S.- BIHTA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER, PATNA ----------- 2 18.5.2010 Prayer of the petitioners in both the writ applications is for a direction to the respondents to consider their cases for appointment on the sanctioned post of Librarian in terms of advertisement published in the Newspaper (Hindustan) dated 30.10.2008 considering their degree for Bachelor of Library Science obtained from Alagappa University as requisite qualification for the post. Petitioners are apprehensive that since the degree of Algappa University was de- 2 recognized by the State Official for the purposes of appointment, as such their candidature will not be considered for the post of Librarian. Counsel appearing for the petitioners submits that the degree obtained from Algappa University is now recognized for appointment purposes, in view of the decision in CWJC No.17734 of 2009 by the Division Bench of this Court. The Division Bench has held as follows: “On reading of amended Rule 4 (VII) it cannot be understood that there is stipulation that the degree of Bachelor in Library Science obtained through Distance Mode of Education, the recognition of the Distance Education Council of Indira Gandhi Open University is a must. Reliance has been placed on the advertisement for second phase of teachers’ appointment issued by the Principal Secretary, Human Resources Development Department, Government of Bihar on 29.8.2008 which does not lay down any pre- condition that approval of Distance Education Council is imperative. In essence, it is contended that approval of Distance Education Council was not a condition precedent for appointment against the same post of Librarian and therefore, the petitioners could not have been denied the 3 privilege of counselling”. The Division Bench has further held, “From the aforesaid factual narration, the core question that emerges for consideration whether the students, who have passed from Algappa University through Distance Education, can be allowed to participate in the counselling. There is no shadow of doubt that the Algappa University did not have recognition from the Distance Education Council at the time of examination. It obtained post facto recognition on 24.11.2009, that is, at a belated stage. The process of appointment as set forth in the return had already been completed in January. Certain Universities were given post facto approval much earlier to Algappa University and at that time the process was at the infant stage. In our considered opinion the same would make a world-wide difference. That apart, on that ground alone, this Court cannot issue a mandamus to the respondents to allow the students, who had passed out from Algappa University, to appear in the counselling as the counselling is over. It is extremely difficult to put the clock back.” The degree of Algappa University obtained through distance learning was approved but no specific direction issued in favour of the petitioners’ by the 4 Division Bench, since counselling was over. Counsel for the petitioners submits that counselling is going on and its’ still not over. Considering the finding recorded by the Division Bench, I find that the petitioners are eligible for participating in the counselling for appointment on the post of Librarian. Accordingly, the respondents are directed to allow the petitioners to participate in the counselling for the post of Librarian considering their degree of Bachelor of Library Science obtained from Algappa University as a requisite qualification for the post. Petitioners have requisite qualification for being appointed on the post of Librarian and their names are also in the merit list. The Respondent authorities will consider their candidatures for the purposes of appointment. Both these writ applications are allowed. (Mridula Mishra,J.) A.Kumar