IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15237 of 2007 PRAMOD PASWAN Versus THE STATE OF BIHAR & ORS ----------- 2/ 1/7/2008. Heard learned counsel for the petitioner and learned counsel for the State. A counter affidavit has been filed on behalf of the respondents. The petitioner is aggrieved by the orders dated 27.7.2007 and 24.09.2007as appended at annexure-1 & 2 terminating his services as an assistant teacher on the ground that his qualification of Sahityalankar obtained from the Hindi Vidyapith, Deoghar (Jharkhand) was not equivalent to a Graduate Degree. Learned counsel for the petitioner submits that he has acquired the said qualification in the year-2002. The respondents have themselves taken a conscious policy decision on 15.11.1991 that the degree of Sahityalankar obtained from the aforesaid institution was equivalent to graduation, as contained at annexure-8. The counter affidavit on behalf of the respondent does not at all consider or deal with the said policy decision of the State Government. The purported attempt in paragraph-9 of the counter affidavit to urge that though it may be equivalent to a Graduate degree but was not a Graduate degree cannot be accepted. The Court is at complete loss to understand the above pleadings urged on behalf of the respondents. In view of the fact that annexure-1, does not consider or - 2 - deal with the earlier policy decision of the State Government dated 15.11.1991 at annexure-6 and neither does the counter affidavit alleged that the said policy decision has been recalled, modified and/or annulled, this Court is satisfied that the writ application has to be allowed. The impugned order at annexures-1 and 2 is accordingly set aside and the matter is remanded to the respondents to take a fresh decision in the matter in light of their own policy decision dated 15.11.1991 within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands allowed. KC ( Navin Sinha,J )