IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1339 of 2010 1. HARENDRA MANJHI S/O LATE RAJ BALLAM MANJHI R/O VILL-PITHAURI TAWAKAL TOLA, P.O- PAIGAMBARPUR, P.S- BANIAPUR, DISTT- SARAN (CHAPRA) 2. KUNTI KUMARI D/O SHRI DAROGA PRASAD, W/O SHRI DEVENDRA PRASD CHAURASIA, R/O VILL- USTI KHAKHIMATHIA, P.O USTI, P.S- BANIAPUR, DISTT- SARAN (CHAPRA) 3. NEHA KUMARI D/O SHRI RAJENDRA MANJHI R/O VILL-PITHAURI TAWAKAT TOLA, P.O PAIGAMBARPUR, P.S- BANIAPUR, DISTT- SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 5. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SARAN AT CHAPRA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA 7. THE BLOCK DEVELOPMENT OFFICER, BANIAPUR, DISTT- SARAN 8. THE BLOCK EDUCATION EXTENSION OFFICER, BANIAPUR, DISTT- SARAN 9. THE PRAKHAND PRAMUKH BANIAPUR PRAKHAND, DISTT- SARAN 10. THE MUKHIYA, GRAM PANCHAYAT RAJ PAIGAMBARPUR, BLOCK- BANIAPUR, DISTT- SARAN 11. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ PAIGAMBARPUR, BLOCK-BANIAPUR, DISTT- SARAN 12. KAMESHWAR MANJHI S/O SHRI RUDAL MANJHI R/O VILL-PITHAURI TAWAKAL TOLE, P.S- BANIAPUR, DISTT- SARAN AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN NEWLY CREATED GOVT. PRIMARY SCHOOL KAWALA HAPRA BALUA, ANCHAL-BANIAPUR, DISTT- SARAN 13. LALTI KUMARI W/O SHRI AJIT KUMAR RAM R/O VILL- CHETAN, P.O PUCHARI, P.S- BANIAPUR, DISTT- SARAN AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN NEWLY GOVT. PRIMARY SCHOOL TAWAKAL TOLE (NOW UPGRADED), ANCHAL- BANIAPUR, DISTT- SARAN 14. RAJESH KUMAR RAI S/O SHRI JAI NARAYAN RAI R/O VILL-KANHAULI MANOHAR, P.S- BANIAPUR, DISTT- SARAN AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN NEWLY CREATED GOVT. PRIMARY SCHOOL KAWALA CHAPRA BALUA, ANCHAL- BANIAPUR, DISTT- SARAN ----------- 2 01.07.2010 The petitioners had been selected as Panchayat Teachers on the basis of Madhyama Visharad obtained from Hindi Sahitya Sammelan, Allahabad which the petitioners allege is equivalent to Intermediate. Their services have now been sought to be cancelled in view of the Circular issued by the Human Resources Department, Government of Bihar, Patna dated 25.08.2008 (Annexure-14 to the writ petition). Thus, 2 the core question is whether Madhyama Vishard Degree granted by Hindi Sahitya Sammelan, Allahabad is equivalent to Intermediate or not for the purposes of recruitment of Panchayat Teachers. Petitioners state that Hindi Sahitya Sammelan is a statutory body created by Hindi Sahitya Sammelan Act 1962, Act 13 of 1962 of Parliament. Its object is to propagate the use of Hindi language and conduct examinations, award degrees, diplomas and certificates. It is further submitted that it is a deemed University recognised, as such, by University Grants Commission (UGC) and appears in the Schedule to the UGC Act. It is further submitted that the reference to Hindi Vishwavidalay, Allahabad in various Bihar State Government Circulars and Code is nothing but reference to Hindi Sahitya Sammelan, Allahabad. They submit that all along this had been treated as a recognized institution and the degree of Madhyama Visharad was rightly all along treated as equivalent to Intermediate. In my view, it is not open for this Court to discuss the matter any further as a Division Bench of this Court in the case of State of Bihar & Others –Versus- Mamta Kumari being LPA No 28 of 2010 and analogous cases decided on 28.04.2010 has held that Madhyama Visharad is not a recognized degree equivalent to Intermediate so far as State of Bihar is concerned. This Court, being bound by judgment of Division Bench, cannot take a contrary view. In that view of the matter, this application merits no consideration and is dismissed. M.E.H./ (Navaniti Prasad Singh)