IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14029 of 2010 1. RAJ KUMAR SINGH S/O LATE BISHUNDEO PRASAD R/O VILL DAYAMCHAK, P.S.SARE, DISTT-NALANDA 2. VIJAY KUMAR SHARMA S/O LATE SHRAWAN KUMAR SHARMA R/O VILL KHOJAGACHHI, P.S.SILAO, DISTT-NALANDA 3. CHHOTELAL RAVAT S/O LATE BANSHI RAVAT R/O VILL LAL BIGHA, P.S. WARISALIGANJ, DISTT-NAWADA 4. HARENDRA CHOUDHARY S/O LATE HIRAMAN CHOUDHARY R/O VILL NOHASA, P.S. SILAO , DISTT-NALANDA 5. PRABHU RAVIDAS S/O LATE SAHODAR DAS R/O VILL SARE, P.S. SARE, DISTT-NALANDA 6. RAM LAGAN DAS S/O SRI RAM LAKHAN DAS R/O VILL DHARAMPUR, P.S.SARMERA, DISTT-NALANDA 7. BRAHMDEO CHOUDHARY S/O LATE BUDHU CHOUDHARY R/O VILL NOHASA, P.S.SILAO, DISTT-NALANDA----PETITIONERS Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. DISTRICT MAGISTRATE NALANDA 5. DISTRICT SUPERINTENDENT OF EDUCATION NALANDA------------ ------------------------------------RESPONDENTS ----------- For the Petitioners : Mr. Ajay Kumar Thakur, Advocate with M/s. Imteyaz Ahmad, Ravi Ranjan and Amit Kumar, Advocates For the State: Mr. Sanjay Kumar S.C. 12. ----------- 2 20.4.2011 Heard learned counsel for the parties. There are seven petitioners before this Court. They want quashing of annexure-1 dated 3.8.2010 issued by the District Superintendent of Education, Nalanda. By virtue of this order many persons including the present petitioners are being denied benefit of promotion to the post of Head Master on the ground that the petitioners are not eligible for promotion since they have obtained degree of graduation from Hindi Vidyapeeth, Deoghar. The stand of learned counsel representing the petitioners is that either this impugned order has been issued under mistaken understanding of actual state of affairs or there is deliberate mischief with a view to deny the benefit of promotion to - 2 - these petitioners by creating a class amongst the class in teachers. They were otherwise eligible for appointment, which were made decades ago and are sought to be denied promotion now. State was directed to file counter affidavit explaining their stand and the justification for issuance of annexure-1. Counter affidavit has been filed wherein annexure-A has been annexed as the basis for non-grant of promotion to these petitioners on the post of Head Master. Annexure-A is dated 27.8.2009 which has been issued by the Principal Secretary, Human Resources Development Department, Government of Bihar. This is basically a list of institutions whose degrees are not considered valid or recognized by the State of Bihar. This notification however relates to appointment of teachers in terms of 2006 Rules. How this circular or rule relates to the case of promotion is not understood of this Court. Annexure-A if at all cannot have any application to the case of these petitioners who are not claiming appointment but claiming promotion. The Court must also take note of few facts that the issue of seniority and preparation of gradation list of teachers across the State was a subject matter of dispute before this Court for very long time. A decision rendered by learned Single Judge dated 6.9.1996 passed in CWJC No. 10543 of 1995 was referred to the Full Bench for consideration with regard to correctness of such a decision. The Full Bench finally settled the issue vide its order dated 21st April, 2009 which was LPA No. 985 of 1996 along with - 3 - analogous cases. Based on the decision of the Full Bench the Director, Primary Education, Government of Bihar issued a guideline dated 4.1.2010 as to the mechanism by which the gradation list has to be prepared and seniority accorded. The details have been listed in the said guideline at columns 1 to 4 but that is yet another issue. Obviously the District Superintendent of Education has mixed up or muddled up the issue due to one to many circulars having been issued at various levels and the way they are to be implemented. In the totality of the situation after having had a look at the circulars as well as the decision of the Full Bench, this Court does not find any impediment in the way of the petitioners claiming the benefit of promotion on the post of Head Master merely because they had a degree from Hindi Vidyapeeth Deoghar. If the petitioners were looking for appointment, afresh, then it would have been another issue. But since the degree was recognized earlier based on which the petitioners came to be appointed as assistant teachers the same cannot come in way of promotion now by misreading Annexure-A or the circular dated 4.1.2010 issued by the Director, Primary Education, Government of Bihar. This writ application is allowed. Annexure-1 is quashed. Direction is issued to the District Superintendent of Education, Nalanda that the case of these petitioners will be - 4 - considered on its own merit, if there are no other legal impediments in the way of the petitioners, except the one which has been answered/clarified by the Court as above. RPS (Ajay Kumar Tripathi,J.)