IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.448 of 2010 1. UMA SHANKER S/O LATE UDIT NARAYAN SINGH R/O SALIMPUR AHRA, LANE-1, P.S. GANDHIMAIDAN, DISTT. PATNA 2. HIMANSHU SHEKHAR S/O NAWAL KISHORE NIRAJ R/O VILL.- NARWAN, P.S. DULHIN BAZAR, DISTT.- PATNA 3. SHASHI SHEKHAR S/O DR. RAVINDRA KUMAR SINHA R/O ROAD NO. 2B, NEAR G.S. LALL SAMUDIK BHAWAN, MAGISTRATE COLONY, PATNA-800025 4. PANKAJ KUMAR S/O VIJAY KUMAR SHIVPURI ROAD NO.1, OPPOSITE DR. USHA KUMARI CLINIC, P.O. SHASTRINAGAR, PATNA-800023 5. KUMARI MADHWI SINGH D/O RABINDER KMAR SINGH R/O SALIMPUR AHRA LANE -1, KADAM KUAN, PATNA-3 6. ASHOK KUMAR S/O GAGAN DEO SINGH R/O VILL.- DHANSHRI NAYA TOLA, POST NARMA MZF. 843129, DISTT.- ARA 7. BIRENDRA KUMAR S/O RAM LAKHAN SINGH AMAN APPART. F. NO. 201, NEAR BAHADURPUR HOUSING COLONY, PATNA-800026 8. NAVIN KUMAR S/O RAM LAKHAN SAH AMAN APPART. F. NO. 201, NEAR BAHADUR HOUSING COLONY, PATNA-800026 9. SANJAY KUMAR S/O BHARAT PRASAD R/O MUFFTI MOHALLA, P.O. HAJIPUR, DISTT.- VAISHALI, PIN 844101 10. KUMAR VIKRAM S/O DR. HARE KRISHNA YADAV R/O VILLAGE + P.O. KALHUA, P.S. SHANKARPUR, DISTT.- MADHEPURA 11. KUMARI MEENU PRASAD D/O SITARAM PRASAD R/O MAHAVIR COLONY, WARD NO.3, P.O. HAJIPUR, DISTT.- VAISHALI 12. SINDHU KUMARI D/O BRAJ BHUSHAN SHARMA R/O D BLOCK, NALA ROAD, KADAM KUAN, PATNA-800003 13. RAJEEV KUMAR PANDEY S/O SRI SATYENDRA PANDEY NEAR YADAV HIGH SCHOOL MAULA BAGH, ARRAH, DISTT.- BHOJPUR 14. PRAMOD KUMAR RAI S/O LATE ANJU KUMAR RAI IN FRONT OF SAPNA CINEMA SHITAL TOLA, ARRAH, DISTT.- BHOJPUR 15. PRAMOD KUMAR PATHAK S/O SRI GANESH JEE PATHAK R/O VILLAGE + P.O. DHANCHHUHANM VIA- CHOURI (SAHAR), DISTT. BHOJPUR 16. PRABHAT KUMAR S/O RAJENDRA MAHTO R/O VILL.- DHARHARWA, POST- DEPAHI, P.S. CHIRAIYA, DISTT.- EAST CHAMPARAN 17. SUSHIL KUMAR PANDEY S/O LATE MAHANAND PANDEY R/O PROFESSOR COLONY, K.G. ROAD, P.O. + P.S., NAWADA, DISTT.- ARA 18. SANGEETA KUMARI D/O RAJENDRA PRASAD R/O MOHALLA- ASHOK NAGAR ROAD NO.9, KANKARBAGH, PATNA-800020 19. RITESH KUMAR S/O RAJENDRA KUMAR SINHA R/O BANDHAN TOLA, NAWADA, ARA 20. INDRA MANI SINGH S/O VIJAY SINGH R/O MOHALLA- JAWAHAR TOLA, ARA, IN FRONT OF D.A.V. SCHOOL, P.O. + P.S.- NAWADA, DISTT.- ARA 21. AJIT KUMAR SHARMA S/O NARENDRA KUMAR SHARMA R/O PARAMHANSH NAGAR, WARD NO.21, MELA ROAD BHAVDEPUR, SITAMARHI 22. SANTOSH KUMAR SINGH S/O KAILASH BIHARI SINGH R/O VILLAGE + POST - BANGAON, VIA- BAJPATTI, DISTT.- SITAMARHI 23. NITESH KUMAR S/O KEDAR PRASAD R/O GANDHI CHOWK, IN FRONT OF NAGAR PARISHAD, WARD NO.17, SITAMARHI 24. RANJEET KUMAR S/O RAM BILAS RAY R/O BANGAON BAZAR, BAJPATTI, DISTT.- SITAMARHI 25. MUKESH JHA S/O SRI DHRUV KANT JHA R/O AT AND P.O. BANGAON, VIA- BAJPATTI, DISTT.- SITAMARHI - 2 - 26. NAVAL KUMAR S/O SRI BECHAN RAUT R/O VILL- SIMRI, P.O. KANSI SIMRI, DISTT.- DARBHANGA 27. RAJEEV KUMAR SAH S/O BHARAT SAH R/O VILLAGE + P.O. BANGAON, VIA- BAJPATTI, DISTT.- SITAMARHI 28. CHANCHAL KUMAR SINGH S/O RAM KRISHNA SINGH R/O VILLAGE + P.O. BANGAON, VIA-BAJPATTI, DISTT.- SITAMARHI 29. RAVINDRA KUMAR S/O VISHWA NATH PRASAD R/O VILLAGE - MADHUBAN BAZAR, P.O. BAJPATTI, DISTT.- SITAMARHI 30. UMESH KUMAR S/O RAM BHAGAT SAH R/O BANGAON BAZAR, DISTT.- SITAMARHI 31. RAMESH PRASAD S/O SATYANARAYAN SAH R/O VILLAGE- PATDAURA, VIA- BAJPATTI, P.O. PATDAURA, VIA-BAJPATTI, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERMENT OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. ALGAPPA UNIVERSITY KARAIKUDI, PIN CODE-63003, TAMILNADU, THROUGH ITS REGISTRAR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION ARA 6. THE DISTRICT EDUCATION OFFICER AURANGABAD 7. THE DISTRICT EDUCATION OFFICER BANKA 8. THE DISTRICT EDUCATION OFFICER BEGUSARAI 9. THE DISTRICT EDUCATION OFFICER BHAGALPUR 10. THE DISTRICT EDUCATION OFFICER BHOJPUR 11. THE DISTRICT EDUCATION OFFICER BUXAR 12. THE DISTRICT EDUCATION OFFICER DARBHANGA 13. THE DISTRICT EDUCATION OFFICER EAST CHAMPARAN 14. THE DISTRICT EDUCATION OFFICER GAYA 15. THE DISTRICT EDUCATION OFFICER GOPALGANJ 16. THE DISTRICT EDUCATION OFFICER JAMUI 17. THE DISTRICT EDUCATION OFFICER JEHANABAD 18. THE DISTRICT EDUCATION OFFICER ARWAL 19. THE DISTRICT EDUCATION OFFICER KAIMUR (BHABHUA) 20. THE DISTRICT EDUCATION OFFICER KATIHAR 21. THE DISTRICT EDUCATION OFFICER KHAGARIA 22. THE DISTRICT EDUCATION OFFICER KISHANGANJ 23. THE DISTRICT EDUCATION OFFICER LAKHISARAI 24. THE DISTRICT EDUCATION OFFICER MADHEPURA 25. THE DISTRICT EDUCATION OFFICER MADHUBANI 26. THE DISTRICT EDUCATION OFFICER MUNGER 27. THE DISTRICT EDUCATION OFFICER MUZAFFARPUR 28. THE DISTRICT EDUCATION OFFICER NALANDA 29. THE DISTRICT EDUCATION OFFICER NAWADA 30. THE DISTRICT EDUCATION OFFICER PATNA GRAMIN 31. THE DISTRICT EDUCATION OFFICER PATNA SAHARI 32. THE DISTRICT EDUCATION OFFICER PURNEA 33. THE DISTRICT EDUCATION null ROHTAS 34. THE DISTRICT EDUCATION OFFICER SAHARSA 35. THE DISTRICT EDUCATION OFFICER SAMASTIPUR 36. THE DISTRICT EDUCATION OFFICER SARAN 37. THE DISTRICT EDUCATION OFFICER SHEIKHPURA - 3 - 38. THE DISTRICT EDUCATION OFFICER SHEOHAR 39. THE DISTRICT EDUCATION OFFICER SITAMARHI 40. THE DISTRICT EDUCATION OFFICER SIWAN 41. THE DISTRICT EDUCATION OFFICER SUPAUL 42. THE DISTRICT EDUCATION OFFICER null VAISHALI 43. THE DISTRICT EDUCATION OFFICER WEST CHAMPARAN 44. THE DISTRICT EDUCATION OFFICER DANAPUR, DISTT.- PATNA ----------- For the petitioners: Mr. Ashok Kumar, No.-1, Adv. For the Respondents: Mr. Saroj Kumar Sharma, AC to AAG-XI. 2/ 22.04.2010 Heard counsel for the petitioners and the counsel appearing for the State. Prayer of the petitioners in the writ application is for a direction to the respondents to consider their cases for appointment on the post of Librarian in terms of advertisement published on 30th October 2009, in Daily Newspaper “Hindustan”, considering their degree for Bachelor of Library Science obtained from Algappa University, treating it as recognized university, since it has been accredited by various institutions. Earlier, the petitioners have come before this Court for similar relief in C.W.J.C. No. 18561 of 2008. This writ application was dismissed for the reason that the degree of Library Science obtained from Algappa University, not being a recognized degree, they do not possess requisite qualification for being appointed on the post of Librarian. Counsel for the petitioners submits that subsequently, C.W.J.C. No. 17734 of 2009, was decided by the Division Bench, where similar issue was involved. The finding recorded by the Division Bench was that “on reading of amended Rule 4 - 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 29.08.2008 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 privilege of counselling.” The Division Bench 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 - 5 - 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 petitioners, after disposal of C.W.J.C. No. 17734 of 2009, have again approached this Court, for the reason that the validity of their degree of Library Science obtained from Algappa University will now be treated as recognized degree in the light of the decision of the Division Bench. A supplementary affidavit filed on behalf of the petitioners, stating that the counseling is still going on and it has not been over. A notification issued by the Human Resources Development Department has been brought on the record to show that for the post of Librarian, the date of counselling has been extended, which will continue up till 20th, May, 2010. Considering the facts and circumstances of the case and also considering the finding recorded by the Division Bench in C.W.J.C. No. 17734 of 2009, the petitioners are now eligible for participating in the counseling for appointment on the post of Librarian. The respondents are directed to allow the petitioner to participate in the counselling for the post of Librarian considering their degree of Bachelor of Library Science obtained from Algappa University since it is a recognized degree and the petitioners have requisite qualification for being - 6 - appointed on the post of Librarian. This application is allowed. Sanjeet/ (Mridula Mishra, J.)