IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15853 of 2008 1. MANOJ KUMAR YADAVSON OF SRI MOHAN PRASAD YADAV RESIDENT OF VILLAGE DORAIYA, P.S. DORAIYA, DISTT- BANKA 2. ARCHANA KUMARI D/O RAMAWATAR PASWAN RESIDENT OF VILLAGE BONCHAHI, P.O. KALARAMPUR, P.S. MUFSIL, DISTT- MUNGER 3. NEETU SINGH D/O DEVENDRA PRASAD SINGH RESIDENT OF VILLAGE SHREECHAK, P.S.- MANGACHAK, DISTRICT BHAGALPUR 4. BRIJMOHAN DAS SON OF WAKIL DAS, RESIDENT OF VILLAGE CHALMA P.O. CHALAMA, P.S. DHARAIYA, DISTRICT-BANKA 5. KALPANA KUMARI, WIFE OF VIJAY KUMAR YADAV, RESIDENT OF VILLAGE CHALANA P.O. CHALANA, P.S. DHARAIYA, DISTRICT BANKA----PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM- SECRETARY, DEPARTMENT OF EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, BIHAR PATNA 2. THE DIRECTOR, DEPARTMENT OF SECONDARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIATE, BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, BIHAR PATNA 4. THE DISTRICT MAGISTRATE, BANKA 5. THE DISTRICT EDUCATION OFFICER, BANKA, 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BANKA 7. THE BLOCK EDUCATION EXTENSION OFFICER, DHORAIYA, SOUTH, BANKA 8. THE BLOCK EDUCATION EXTENSION OFFICER, FULLIDUMAR, BANKA 9. THE PANCHAYAT SECRETARY, AHIRO, BANKA 10. ANIL KUMAR, SON OF SRI GENALAL YADAV, RESIDENT AT P.O. JAGATPUR, P.S. PANJWARA, DISTT- BANKA, WORING AS PANCHAYAT TEACHER, PRIMARY SCHOOL, KUSHMAHA, BLOCK DHORIYA, DISTRICT BANKA------RESPONDENTS ----------- 3 10.9.2009 Heard Counsel for the petitioners and the Counsel appearing for the State. Petitioners’ prayer is for quashing the order contained in memo no. 3490 dated 27.9.2008, whereby, petitioners’ claim for being appointed as Assistant - 2 - Teacher has been rejected on the ground that they have obtained the certificate of Madhyama Vishrad from Hindi Sahitya Sammelan, Prayag, Allahabad. Petitioners’ case is that Madhyama Vishrad has been considered as equivalent to Intermediate degree by the State Government’s own decision and several similarly situated have been appointed on the basis of Madhyama Vishrad degree. It has also been submitted by the petitioners’ Counsel that the case of these petitioners is similar to the case of petitioners in CWJC No. 6107 of 2009 and other analogous cases, wherein it has been decided that appointment made on the basis of the qualification of Madhyama Vishrad issued from the Hindi Sahitya Sammelan, cannot be considered as a qualification not recognized by the State Government. and the persons who are appointed on the basis of this qualification cannot be terminated from their service on the basis of subsequent decision of the State Government dated 20.11.2008. Petitioners’ case is that they had applied for appointment in pursuance of advertisement published in the year 2006 under Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules 2006. Similarly situated persons have been appointed having similar qualification and degree and the petitioners - 3 - cannot be discriminated on this ground that they possessed Madhyama Vishrad degree issued from the Hindi Sahitya Sammelan, Prayag, Allahabad. This application is being disposed of directing the concerned respondents to reconsider petitioners’ case in the light of the judgment of this Court in CWJC No. 6107 of 2009 and other analogous cases. In case petitioner s’ case is identical, similar treatment is required to be given to the petitioners, as it has been allowed in case of the petitioners in the earlier decided decision. (Mridula Mishra,J.) A.Kumar