IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1617 of 2009 AMITABH BACHCHAN SON OF LATE BINDESHWARI PASWAN, RESIDENT OF MOHALLA SANTAR, WARD NO. 10, P.O. LAKHISARAI, P.S. LAKHISARAI, DISTRICT LAKHISARAI – ----- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT SECONDARY EDUCATION HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 4. THE DEPUTY DEVELOPMENT COMMISSIONER, LAKHISARAI CUM CHIEF EXECUTIVE OFFICER, DISTRICT BOARD, LAKHISARAI. 5. THE DISTRICT EDUCATION OFFICER, LAKHISARAI. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM- S.D.E.O., LAKHISARAI. 7. EXECUTIVE OFFICER, NAGAR PARISHAD, LAKHISARAI. 8. REGISTRAR, HINDI VIDYAPITH, DEOGHAR, JHARKHAND.--- RESPONDENTS. ---------------------- 2/ 02-02-2009 Petitioner secured appointment to the post of teacher having passed Sahityalankar examination from Hindi Vidyapith, Deoghar. His appointment was earlier cancelled on the ground that said qualification is not equivalent to that of Bachelor’s degree and aggrieved by the same, he preferred C.W.J.C. No.1985 of 2008 ( Amitabh Bachchan Vrs. State of Bihar others) before this Court. This Court by order dated 02.07.2008 allowed the application in terms of the order dated 01.07.2008 passed in C.W.J.C. No. 15237 of 2007. By the said order while setting aside the order terminating service , this Court remitted the matter back to the authority to take decision within stipulated time. In the light of the aforesaid order the case of the petitioner was considered and it was found that Sahityalankar degree obtained by the petitioner is not equivalent to the Bachelor’s degree for appointment and - 2 - accordingly, upheld the order of termination by order as contained in Memo No.1968 dated 25.11.2008 (Annexure-1). It is this order which is under challenge in the present application. Mr. Praveen Kumar appears on behalf of the petitioner and submits that the qualification of Sahityalankar degree obtained by the petitioner from Hindi Vidyapith, Deoghar is equivalent to bachelor degree and as such the petitioner’s service ought not to have been terminated. In view of the Division Bench judgment of this Court in the case of Ganesh Prasad Srivastav V. Punjab National Bank and others, reported in 2004(1) PLJR 387 this point need not detain me . In the said Division Bench judgment it has been categorically held that a person having acquired qualification of Sahityalankar from Hindi Vidyapeeth, Deoghar, is not eligible for appointment when the qualification prescribed is bachelor’s degree. In the said case, it has been observed as follows : “Thus, it is clear that the qualification of Sahityalandar obtained from Voluntary Organizations, including Hindi Vidyapeeth, Deoghar, is with regard to the standard of Hindi prescribed in the equivalent Hindi examination and it is not to be treated as Bachelor degree awarded by a University or Educational Board etc. of the State. Therefore, in a case where minimum qualification is prescribed as Bachelor degree, a person cannot claim promotion or other benefits by virtue of acquiring a qualification of Sahityalankar from Voluntary Organizations like Hindi Vidyapeeth, Deoghar.” In view of the aforesaid , I am of the opinion that the order terminating service of the petitioner is in accordance with law. I do not find any merit in the application and accordingly it - 3 - is dismissed in limine. BTiwary/ ( C. K. Prasad, ACJ )