IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7625 of 2010 6 15.9.2010 Birendra Prasad Jha son of late Uma Kant Jha, Trackman, N.F. Railway under Sr. S.E.(P/Way), Kishanganj, Bihar ….. PETITIONER Versus 1. The Union of India through G.M. N.F. Railway, Maligaon 2. The D.R.M., N.F. Railway, Katihar 3. The D.P.O., N.F. Railay, Katihar ….. RESPONDENTS ----------- For the Petitioner : Mr M.P.Dixit, Advocate For the Respondents : Mr Anil Kumar Sinha, Advocate ----------- Heard the parties. Petitioner applied for selection to the post of Supervisor P/WAY in the Railways under 25 per cent quota for limited departmental examination. His candidature was rejected by the authorities on the ground that degree of Bihar Sanskrit Shiksha Board, Patna known as Madhyama should not be treated as equivalent to matriculation degree of Bihar School Examination Board. OA No.1054/2002 preferred by the petitioner before the Central Administrative Tribunal, Patna Bench was dismissed by the impugned order dated 29.5.2009, contained in Annexure-7. Learned counsel for the petitioner has - 2 - placed reliance upon a judgment and order dated 15.10.2008 passed by a Division Bench of this Court in CWJC No.9832 of 2008 (Union of India through the Chairman Railway Board, New Delhi & anr. Vs. Sri Prakash). Paragraph 3 of that judgment contains an extract from another order of the Tribunal dated 10.5.2004 passed in OA No.16 of 2003 wherein the Tribunal held that since the Bihar Sanskrit Board is a creation of Bihar Legislative Assembly, a degree issued by this Board cannot be refused recognition by the Railway Board or the Union of India while it grants recognition to the matriculation certificate issued by the Bihar School Examination Board. The Tribunal in that case directed the Railway authorities to accept the applicant of that case as a successful candidate and interfered with the final result of the Railway Recruitment Board. The Division Bench fully approved the view taken by the Tribunal by explicitly recording that there was no justification to take a view different from that of the Tribunal. Since the issue at hand is similar, learned counsel for the respondents was granted opportunity to - 3 - bring to our notice any other Division Bench judgment of this Court on the issue. No such judgment taking a contrary view has been brought to our notice. In that view of the matter, we allow this writ petition by directing the concerned respondents to treat the candidature of the petitioner valid for selection to the post of Supervisor P/WAY under 25 per cent quota of limited departmental competitive examination. On that basis petitioner’s case should be processed fairly and in accordance with law and the result should be declared at an early date, preferably within three months from today. The writ petition is allowed to the aforesaid extent. sk (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J. )