IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15199 of 2010 1. BASUKINATH SINGH S/O LATE KUSHESHWAR PD. SINGH R/O VILL.- SHAMHO, P.S.- MATIHANI, DISTT.- BEGUSARAI----------- --------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, PRIMARY EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI---- ------------------------------------RESPONDENTS ----------- 2 28.4.2011 Heard learned counsel for the parties. Claim of the petitioner for promotion on the post of graduate trained scale has been rejected by District Superintendent of Education, Lakhisarai vide order dated 28.5.2010 contained in annexure-8. The reason indicated for rejection of the claim is that the petitioner holds a decree of Sahitya Alankar which according to him is not a valid or recognized degree to beget benefit of promotion to graduate trained scale. This is not the first matter which has come before this Court on this issue. The Court has the advantage of an order passed in CWJC No. 14029 of 2010 which was the case of Raj Kumar Singh & others vrs. The State of Bihar & others disposed of on 20.4.2011. In that case the District Superintendent of Education, Nalanda had declined to give the benefit to those petitioners because they have degree from Hindi Vidyapeeth, Deoghar. The stand was taken by the State that in view of certain circulars issued in the year 2008 by Human Resources - 2 - Development Department that certain degrees by such institutions are not valid and recognized by the State of Bihar for appointment on the post of teachers, primary or secondary. The Court after going through all those circulars and rules thereto comes to a considered opinion that those circulars have no application to the case of the petitioners including the present one for the reasons that the question before the respondents was one of promotion and not appointment. If in the year 2008 certain circulars are issued which does not recognize certain degrees for the purpose of appointment then that will apply prospectively with regard to fresh recruitment. But if the degree which the petitioner possesses was good enough for his appointment then the same does not become invalid for the purpose of promotion. There is marked distinction between fresh appointment and promotion and the Court has taken a detailed note of all those facts in the order passed in Raj Kumar Singh case. The Court fails to understand the logic or rational for rejecting the claim of the petitioner for grant of graduate trained scale because the petitioner has been working on the post of a teacher for many a decades when he came to be appointed way back in the year 1986. The question for grant of graduate trained scale remained pending adjudication before the High Court for very long time till the issue came to be settled by the Full Bench in LPA No. 985 of 1996 decided on 21st April, 2009. The reason for rejection of the claim of the petitioner - 3 - contained in annexure-8 therefore is arbitrary and irrational. The same is quashed. Direction is issued to the respondent District Superintendent of Education to consider the claim of the petitioner for inclusion in the list of people whose cases have been considered favourably irrespective of the fact that he has a degree of Sahitya Alankar from Hindi Vidyapeeth, Deoghar. This writ application is allowed. RPS (Ajay Kumar Tripathi,J.)