IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.654 of 2009 SURENDRA PRASAD SAHI SON OF RAGHUBANSH PRASAD SAHI, RESIDENT OF VILLAGE- RAMPUR (NORTH) POLICE STATION- HATHORI, BLOCK-AORAI, P.O. RAMPUR HARI, DISTRICT- MUZAFFAPUR.......(.PETITIONER).....APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR, BIHAR SECONDARY EDUCATION, PATNA. 2. DEPUTY DIRECTOR, SECONDARY EDUCATION-CUM-PUBLIC INFORMATION OFFICER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 3. DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR, DISTRICT- MUZAFFARPUR. 4. DISTRICT MAGISTRATE- MUZAFFARPUR 5. PANCHAYAT SECRETARY, MANJHAULI GRAM PANCHAYAT, BLOCK- BOCHAHA, DISTRICT- MUZAFFARPUR 6. HEAD MASTER RAJKIYA PRIMARY SCHOOL, GOSAINPUR, DISTRICT- MUZAFFARPUR............................ RESPONDENT -------------------- FOR THE APPELLANT :- MR. GAJENDRA KUMAR SINGH,ADV. FOR THE STATE MR. LALIT KISHORE, A.A.G.3 & MR. FAZAL RAHMAN, G.P. VI. -------------------- 12 4-12-2009 Heard learned counsel for the appellant and learned counsel for the State. By the impugned order the writ court has dismissed the writ petition filed by the appellant by observing that recognition and /or equivalence of degrees is an executive function and it is difficult for this Court to interfere with the same. A controversy had arisen whether the writ petitioner/appellant’s qualification of Prathama from Hindi Sahitya Samelan, Allahabad could be recognized as equivalent to matriculation examination or not for the purpose of engagement as Panchayat Shikshak in Manjhauli Gram Panchayat, Block Bochaha, District Muzaffarpur. Learned counsel for the appellant has submitted that appellant had passed Prathama from Hindi Sahitya Samelan, - 2 - Allahabad and obtained certificate in 1986. The certificate has been annexed as annexure-1. He has placed reliance upon Annexure-7 to the supplementary affidavit which is an order passed by the Personnel and Administrative Reforms Department, Government of Bihar dated 7th January, 1987 for submitting that the State of Bihar has itself granted recognition to such qualification as equivalent to matriculation but such recognition was only up to 31-12-1987. Learned counsel for the State has produced before us a complete copy of annexure-7 which encloses appendix 1 and 2 referred in annexures-7 also. The appendix 1 and 2 contain names of the concerned institutions whose various degrees and certificates up to 31-12-1987 had been granted recognition. That list does not contain the name of Hindi Sahitya Samelan, Allahabad which is the body shown to have issued appellant’s certificate. On careful perusal of the entire document contained in annexure-7 whose copy has been provided to us by learned Additional Advocate General-III, we find no merit in this appeal. It is accordingly dismissed. Learned counsel for the appellant has drawn our attention to a Division Bench Judgment of this Court delivered on 22-4-2009 in the case of State of Bihar Vrs. Punam Sharma reported in 2009 (3) PLJR 55, in support of his submission that Prathama degree obtained from Hindi Sahitya Samelan, Allahabad has been accepted to be equivalent to matriculation if it was granted recognition prior to 31- 12-1987. After having seen the entire documents a part of which is - 3 - contained in annexure-7 we are of the firm view that the Division Bench order in that case appears to have been rendered on mis-reading of the relevant documents and probably the entire document was not made available to the court. It will be for the State to look into the records and take appropriate action in respect of judgment delivered in that case. Let a copy of the complete document contained in annexure-7 as supplied by learned A.A.G. III be kept on record. ( Shiva Kirti Singh,ACJ) ( Shyam Kishore Sharma,J) Naresh