IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5129 of 2009 ====================================================== SANJAY KUMAR , son of Sri Kameshwar Pathak, Resident of Village- Pansuhi, P.O.- Sihi, Police Station- Dulhin Bazar, District- Patna ... ... Petitioner/s Versus 1. THE STATE OF BIHAR through Chief Secretary, Bihar, Patna 2. The Secretary, Personnel and Administrative Reforms Department, Bihar, Patna 3. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 4. The Secretary, Department of Higher Education, Bihar, Patna 5. The Secretary, Department of Secondary Education, Bihar, Patna 6. The Director, Department of Higher Education, Bihar, Patna 7. The Director, Department of Secondary Education, Bihar, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 16183 of 2012 ====================================================== 1. Raj Ranjan, Son of Late Krishnadeo Prasad Resident Of Village- Sikandarpur, Police Station - Sangrampur, District - East Champaran Motihari, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Gaira, Anchal Kotawa, District East Champaran Motihari. 2. Upendra Kumar Singh Son Of Late Hari Bansh Singh Resident Of Village and P.O. Jasauli Patti, Police Station - Kotawa, District - East Champaran Motihari, At Present posted and working as an Assisant Teacher in Govgt. Middle Schook Jasauli Patti Anchal Kotawa, District - East Champaran Mothari. 3. Munna Kumar Son Of Shri Gopal Baitha Resident Of Village Bangara, P.O. Jasauli Jamuniya, Police Station - Kotawa, Anchal Kotawa, District - East Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 2/33 Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Bishunpur, Anchal Kotawa, District - East Champaran Motihari. 4. Bablu Kumar Son Of Late Raghunath Prasad Resident Of Village - Kauwaha, P.O. Manguraha, Police Station - Govindganj, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Gayghat, Anchal Harsidhi, District - East ChamparanMotihari. 5. Ashok Kumar Hazra Son Of Late Yugeshwar Hazra Resident Of Village - Machhargawan, P.O. Machhargawan, Police Station - Kotwa, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Balgana, Anchal Turkaulia, District - East Champaran Motihari. 6. Dhirendra Kumar Giri Son Of Gauri Shankar Giri Resident Of Village - Senrha Mathia, P.O. Bhatwalia, Police Station - Sangrampur, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Bariarpur Boys, Anchal Keshariya, District - East Champaran Motihari. 7. Prashant Kumar Deepak 'Son Of Durga Baitha Resident Of Village - Semarahiya, Police Station - Chhauradano, District - East Champaran, At Present Posted And Working As An Assistant Teacher in Govt. Middle School Lakhaura, Anchal Motihari Rural, District - East Champaran Motihari. 8. Arbind Kumar Dubey Son Of Late Dwarika Nath Dubey Resident Of Village and P.O. Nawada, Police Station - Govindganj, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Areraj Boys, Anchal Areraj, District - East Champaran Motihari. 9. Arun Kumar Singh Son Of Ram Dular Singh Resident Of Village Sareya Baduraha, P.O. Rampur Khajuria, and Police Station Dumaria Ghat, District- East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Rampur Khajuria, Anchal Keshariya, District - East Champaran Motihari. 10. Sahdeo Ram Son Of Late Ram Bilas Ram Resident Of Village P.O. and Police Station - Chiraiya Gokhula, District East Champaran, At Present Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 3/33 Posted And Working As An Assistant Teacher In Govt. Middle School Tikuliya, Anchal Chhauradano, District - East Champaran Motihari. 11. Ramesh Kumar Singh Son Of Late Hira Mohan Singh Resident Of Village P.O. and Police Station - Kotwa, District - East Champaran, At Present Posted And Owrking As An Assistant Teacher In Govt. Primary School Fulwaria, Anchal Chakiya, District- East Champaran Motihari. 12. Radha Krishna Nath Tiwari Son Of Madhav Nath Tiwari Resident Of Village - Balhan, P.O. Mangurahan, Police Station - Govindganj, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Radhiya, Anchal Areraj, District - East Champaran Motihari. 13. Ganpat Ram Son Of Late Kishun Ram Resident Of Village - Jitwarpur, P.O. Pipara, Police Station - Govindganj, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Raitola Radhiya, Anchal Areraj, District - East Champaran Motihari. 14. Bharat Ram Son Of Late Yojan Ram Resident Of Village - Matiyaria, P.O. Makhuwa, Police Station - Harisidhi, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Primary School Mikaulia, Anchal Areraj, District - East Champaran Motihari. 15. Anupam Kumar Son Of Shri Mahesh Ram Resident Of Village and P.O. Karariya, Via Dariyapur, Police Station and Anchal Kotwa, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Primary School Ahiraulia Girls, Anchal Kotwa, District - East Champaran Motihari. 16. Ramjee Prasad Son Of Hiralal Sah Resident Of Village and P.O. Nawada, Police Station - Govindganj, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Primary School Areraj Bazar, Anchal Areraj, District - East Champaran Motihari. 17. Mahesh Kumar Son Of Satyadeo Mahto Resident Of Village andP.O. Areraj, Police Station - Govindganj, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Primary School Barai Tola West, Anchal Areraj, District - East Champaran Motihari. 18. Manoj Kumar Son Of Sri Chandrika Prasad Resident Of Village and P.O. Gamharia Kala, Via Adapur, Police Station - Adapur, District -East Champaran, At Present Posted And Working As An Assistant Teacher In Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 4/33 Govt. Upgraded Middle School Balganda, Anchal Turkaulia, District - East Champaran Motihari. ... ... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary, Education Department, Government Of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate East Champaran At Motihari. 5. The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, East Champaran at Motihari 6. The District Education Officer, East Champaran At Motihari. 7. The District Programme Officer Establishment, East Champaran At Motihari. 8. The Block Education Officer, Harsidhi, District - East Champaran. 9. The Block Education Officer, Kotawa, District - East Champaran. 10. The Block Education Officer, Turkaulia, District - East Champaran. 11. The Block Education Officer, Motihari Rural, Disltrict - East Champaran. 12. The Block Education Officer, Areraj, District - East Champaran. 13. The Block Education Officer, Keshariya, District - East Champaran. 14. The Block Education Officer, Chakiya, District - East Chmparan. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 894 of 2016 In Civil Writ Jurisdiction Case No.7164 of 2014 ====================================================== Ashutosh Jha Son of Lae Mahanand Jha, Resident of Village and P.O. - Garhpura, Police Station - Garhpura, District - Begusari, at Present posted and working as an assistant teacher Incharge In Govt. Primary School Badiya, Anchal - Garhpura, District - Begusarai. ... ... Appellant/s Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 5/33 Versus 1. The State Of Bihar 2. The Principal Secretary, Education Department, Government of Bihar, Patna. 3. The Joint Secretary, Education Department, Govt. of Bihar Patna. 4. The Director, Primary Education, Bihar, Patna. 5. The District Magistrate, Begusarai. 6. The Additional Collector Establishment cum Member, Teachers Promotion Committee, Begusarai. 7. The Deputy Development Commissioner - cum - Chairman, District Education Establishment Committee, Begusarai 8. The Regional Deputy Director of Education, Munger Division, Munger. 9. The District Education Officer, Begusarai. 10. The District Programme Officer Establishment, Begusarai. 11. The Block Education Officer, Garhpura, District Begusarai. 12. The Head Master - cum - Drawing and Disbursing Officer, Govt. Primary Girls School, Korai, Anchal – Garhpura, District- Begusarai ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 307 of 2016 In Civil Writ Jurisdiction Case No.18736 of 2014 ====================================================== 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The Deputy Director, Secondary Education, Government of Bihar, Patna. ... ... Appellant/s Versus 1. Vidya Shankar Mishra Son of Late Maheshwar Mishra Resident of Village P.O. - Belsar, P.S. - Mehandia, District - Arwal. 2. Madhvi Kumari Mishra Wife of Manoj Kumar Pathak Resident of Mohalla - Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 6/33 Keshri Nagar, P.S. - Shastri Nagar, District - Patna. 3. Mritunjay Kumar Son of Birendra Kumar Resident of Village - Manjhar, P.O. - Kormathu, P.S. - Belaganj, District - Gaya. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 1210 of 2010 ====================================================== 1. THE STATE OF BIHAR through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The Director, Madhyamik Shiksha Government of Bihar, Patna 3. The Principal Secretary, Personnel And Administrative Reforms Department Government Of Bihar, Patna 4. The District Education Officer Katihar ... ... Appellant/s Versus 1. MD.NISAR ALAM S/O Md. Sajjad Alam R/O Vill Uchala, P.S.Barari, Distt-Katihar 2. The Zila Parishad , Katihar Through Its Executive Officer 3. The Executive Officer, Zila Parishad Katihar ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18039 of 2008 ====================================================== AZAD KUMAR SINGH , son of Arun Deo Prasad Singh, resident of Village- Kohwara P.S. Falka District- Katihar ... ... Petitioner/s Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Patna 2. The Secretary Human Resources Development Department, Bihar, Patna. Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 7/33 3. The Secretary Personnal and Administrative Reforms Department, Govt. of Bihar, Patna 4. The Director Madhyamik Siksha, Govt. of Bihar, Patna 5. Deputy Director, Madhyamik Siksha, Govt. of bihar, Patna 6. District Education Officer, Katihar 7. District Education Officer, Purnia 8. District Education Officer, Aurangabad 9. District Education Officer, Kishanganj 10. District Education Officer, Bhagalpur 11. District Education Officer, Banka 12. District Education Officer, Darbhanga 13. District Education Officer, Araria 14. District Education Officer, Gaya 15. District Education Officer, Saharsa 16. District Education Officer, Madhepura. ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 5129 of 2009) For the Petitioner/s : Mr.Bindhyachal Singh, Advocate Mr. Satya Prakash, Advocate Mr. Vipin Kumar Singh, Advocate For the Intervenor : Mr. Alok Ranjan, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Prabhu Narayan Sharma, A.C. to A.G. Mr. Manish Dhari Singh, A.C. to A.G. (In Civil Writ Jurisdiction Case No. 16183 of 2012) For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate For the State : Mr. G.A. 7 (In Letters Patent Appeal No. 894 of 2016) For the Appellant/s : Mr.Umesh Kumar Mishra, Advocate For the Respondent/s : (In Letters Patent Appeal No. 307 of 2016) Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 8/33 For the Appellant/s : Mr.Awadhesh Kumar, Advocate For the Respondent/s : (In Letters Patent Appeal No. 1210 of 2010) For the Appellant/s : Mr. Lalit Kishore, Advocate General Mr. Prabhu Narayan Sharma, A.C. to A.G. For the Respondent/s : Mr. Alok Ranjan, Advocate Mr. Ashok Kumar Yadav, Advocate For the Intervenor : Mr. Vikas Mohan, Advocate (In Civil Writ Jurisdiction Case No. 18039 of 2008) For the Petitioner/s : Mr.Ebrahim Kabir, Advocate Ms. Shruti Sinha, Advocate For the Respondent/s : Mr. Lalit Kishore, Advocate General Mr. Kumar Manish, S.C. 5 Mr. Kumar Pankaj, A.C. to S.C. 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-07-2019 C.W.J.C. No. 5129 of 2009 and the connected writ petition C.W.J.C. No. 18039 of 2008 raise the same issue simultaneously in view of the order of remand by the Apex Court dated 6th January, 2016 in Civil Appeal No. 4273 of 2014 and Civil Appeal No. 4274 of 2014. The other connected matters being linked with the same legal issue have also been tagged along with these two writ petitions and have been heard simultaneously. We have heard the learned counsel for the petitioners and the appellants in the respective cases for the Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 9/33 private individuals contesting their claims and the learned Advocate General for the State of Bihar on behalf of the respondents in the two writ petitions and on behalf of the appellant in L.P.A. No. 307 of 2016 and L.P.A. No. 1210 of 2010. 2. A dispute arose with regard to the equivalence of Graduate qualification which was claimed to be possessed by the two sets of writ-petitioners in the above noted writ petitions contending that they possess the degree of Sahityalankar from the Hindi Vidya Peeth, Deoghar which is equivalent to a Graduate degree and, therefore, they were entitled for the employment being claimed by them. In both the cases the selection and appointment is for the post of Librarian in an Institution governed by the provisions of the Bihar Zila Parishad Madhyamik Evam Uchchtar Madhyamik Shikshak Niyojan Evam Seva Sharten Niyamavali, 2006. 3. These two writ petitions were allowed by a Division Bench of this Court in the decision reported in 2009 (4) PLJR 1038 [Sanjay Kumar Vs. State of Bihar]. The direction issued by the High Court was to re-do the selection process and consider the candidature of the petitioners preferably within a period of three months. Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 10/33 4. Questioning the correctness of the said judgment, two Civil Appeals were preferred by the State of Bihar before the Apex Court being Civil Appeal Nos. 4273 of 2014 and 4274 of 2014 that were ultimately allowed and the matter was remitted back to the High Court vide judgment dated 6th January, 2016. The judgment being short and brief is extracted hereinunder:- “These appeals have been filed challenging the common impugned order dated 17.11.2009 passed by the Patna High Court allowing the writ petitions in CWJC Nos. 5129/2009 and 18039/2009 filed by the respondents herein and directing the appellant- State of Bihar to redo the entire selection process for the post of Librarian considering the case of the respondents also and further restraining the State from issuing appointment letters to other selected candidates. 2. Brief facts giving rise to these appeals are as under:- State of Bihar framed Bihar District Council, Secondary & Higher Secondary Teacher (Employment & Service Conditions) Manual 2006 under Article 243G and Section 73 read with Section 146 of Bihar State Panchayat Raj Act, 2006. Rule 4(k) (vii) (a) of the said Rules was amended in 2008. The said Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 11/33 amendment prescribes an essential qualification for appointments of teachers and librarians in the schools and also regulating appointments. As per amended Rule 4 for appointment as teachers/librarians, the candidates must possess the graduation degree from any recognized university with minimum 45% marks. An advertisement bearing No.11/employment1- 13/91(Part-II)-1337 dated 25.08.2008 was issued by Government of Bihar, Human Resources and Development Department for appointment to the post of Librarian and Teacher in different schools under Zila Parishad and Nagar Nikaya in the State of Bihar. The said advertisement specifically referred to Recruitment Rules 2006 although the qualification or eligibility criteria was not specifically mentioned. 3. Respondents herein applied for the posts of Librarian. After the advertisement was issued, the Department issued order No. 11/Ma.1-01/2008 on 27.08.2008 containing exhaustive list of twenty eight colleges/universities/degrees that were not then recognized by the Government of Bihar for the purpose of the Recruitment Rules 2006 and the advertisement dated 25.08.2008 and those degrees were not valid for employment of teachers. The Department issued another Order No.11/M-44/2008-1968 (Annexure P/5) on 25.11.2008 declaring that the degree of Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 12/33 Sahityaalankar awarded by Deoghar Vidyapeeth is not valid for employment. The State Government issued a letter dated 27.07.2007 clarifying the stand of the State regarding the degree of Sahityaalankar awarded by Vidyapeeth Deoghar is not equivalent to degree of graduation for the purpose of appointment under Bihar Education District Council, Secondary and Higher Secondary Teachers (Employment/ Services) Rules 2006. The letter dated 27.07.2007 was subject matter of challenge in Writ Petition No. 15237/07 titled Pramod Paswan vs. State of Bihar and in the said Writ Petition, the State was directed to take a fresh decision on the same. The State Government examined the matter and vide Memo No. 11/M- 44/2008-1968 dated 25.11.2008, it was declared that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth is not valid for employment. On 13.12.2008, the Government of Bihar, Human Resources Development Department, issued letter No.11/Na.1-9/2008- 2053 wherein inter–alia it was specifically mentioned that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth cannot be attached to merit list of candidates. 4. Pursuant to the said advertisement, respondents applied for the post of Librarian. The respondents possessed the degree of Sahityaalankar awarded by Deoghar Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 13/33 Vidyapeeth. Challenging the validity, legality and correctness of the amendment of Rule 4(k) (vii) (a) of the Recruitment Rules 2006 as amended in 2008, respondents filed two writ petitions bearing Nos.5129/2009 and 18039/2009. The Patna High Court vide impugned order dated 17.11.2009 allowed the writ petitions filed by the respondents directing the State of Bihar to redo the entire selection process as above mentioned. Aggrieved by the same, State of Bihar has filed these appeals assailing the impugned order. 5. Mr. Gopal Singh, learned counsel for the appellants submitted that State of Bihar has issued order dated 27.08.2008 containing list of twenty eight institutions which were not recognized under the recruitment rules. It was submitted that the State has considered the matter at several occasions and has decided not to grant benefits to un-recognized degrees and accordingly the degree of Sahityaalankar awarded by Deoghar Vidyapeeth is not equivalent to graduation degree and the High Court has not considered the matter in the light of order dated 25.11.2008 (Annexure P/5). 6. Per contra, Mr. N. Rai and Mr. S.B. Sanyal, learned Senior Counsel for the respondents contended that the degree of Sahityaalankar makes the person eligible for appearing in the competitive examinations Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 14/33 conducted by the Bihar Public Service Commission and it would be arbitrary to say that degree of Sahityalankar does not make a person eligible as per Bihar District Council, Secondary & Higher Secondary Teacher (Employment & Service Conditions) Manual 2006 as amended in 2008 and the same is violative of Articles 14 and 16 of the Constitution of India. 7. We have considered the rival contentions of both the parties and perused the material on record. 8. The issue involved in these appeals is concerned with the interpretation of provisions in Rule 4 (k) (vii) (a) of Bihar District Council, Secondary & Higher Secondary Teacher (Employment & Service Conditions) Manual 2006 as amended in 2008. As noticed earlier, Rule 4(k)(vii)(a) prescribes that the candidate must have passed graduation examination with minimum 45% marks from any recognized university. It is the contention of the State that the respondents do not fulfill the eligibility criteria as they possessed graduation degree from Hindi Vidyapeeth Deoghar which is not a recognized university. As noticed above, as per the direction of the Patna High Court in CWJC No.15237/2007, the State of Bihar examined the matter and by an order dated 25.11.2008 held that degree of Sahityaalankar cannot be a valid degree for appointment as teacher. Para 6 of the Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 15/33 said order reads as under:- “In Bihar District Council/Urban Body Secondary/Higher Secondary (Employment and Service Conditions) Manual, 2006, there is no provision to employing on any equivalent degree. Besides it, for employment, after deciding the all phases, the degree of “Sahityaalankar” given by Deoghar Vidyapeeth and other many degrees have not been decided recognized.” Mainly, the holder of Sahityaalankar Degree appear only at exam of some Sahitya papers while general B.A. pass the exam of graduation in many papers, which is more useful for education, due to this reason the degree of Sahityaalankar from Deoghar Vidyapeeth is not valid for employment.” Contention of the appellants is that pursuant to the above, the State sent instructions to all the districts vide Order dated 13.12.2008 directing them to have appointment of teachers and librarians in accordance with Recruitment Rules 2006 as amended in 2008 and notification governing the validity of degrees. 9. On behalf of the State, it is further submitted that the validity of Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 16/33 Sahityaalankar degree from the Hindi Vidyapeeth Deoghar and its equivalence with the graduation degree has been considered in detail by the Patna High Court in subsequent decisions filed by the State of Bihar in CWJC No.13343/2011 and several other connected matters. It is submitted that in the above batch matters, High Court has rejected the claim of the petitioners thereon that the Degree of Sahityaalankar is equivalent to graduation degree and the State of Bihar heavily relies upon the said judgment in CWJC No.13343/2011 and batch matters. It was also submitted that the letter dated 11.01.1991 should be read in consonance with earlier circular with respect to Hindi Vidyapeeth Deoghar wherein it has been mentioned that any recognition given to such degrees including Sahityaalankar is only for the purpose of Hindi examination and not at par with graduation or equivalence and in this regard reliance is placed upon Press Note dated 05.05.1988 issued by the Central Government. 10. Having regard to the stand of the appellants and reliance placed upon order dated 25.11.2008 and the Press Note dated 05.05.1988 and the subsequent decision in CWJC 13343/2011 etc. and in the interest of justice without commenting on the merit of the case, we deem it necessary to remit the matter back to the High Court for consideration afresh. Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 17/33 11. In the light of the aforesaid discussion, the impugned order is set aside and the same is remitted back to the High Court for consideration of the matter afresh after affording sufficient opportunity to both the parties. Liberty granted to the parties to file additional documents/pleadings. We request the High Court to dispose of the matter as expeditiously as possible. The appeals are disposed of accordingly. Consequently, intervention application stands disposed of granting liberty to the interveners to approach the High Court in accordance with law. In the facts and circumstances of the case, we make no order as to costs.” 5. It appears that before the Apex Court the argument advanced on behalf of the State was, that in view of the notification by the Human Resources Department that the degree of Sahityalankar awarded by Deoghar Vidyapeeth is not valid for employment which was further sought to be substantiated with the aid of the Press Note dated 05.05.1988 issued by the Central Government and a subsequent judgment of this Court by a learned Single Judge in the case of Reeta Srivastava & Ors. State of Bihar & Ors., reported in 2012 (3) PLJR 353, it was contended that the claim of the petitioners Patna High Court CWJC No.5129 of 2009 dt.18-07-2019 18/33 cannot be accepted, inasmuch as, the Human Resources Department vide its notification dated 27.08.2008 had not treated the said degree obtained by the petitioners as equivalent to Graduation. Consequently, the argument was that they were not possessed of the minimum eligibility educational qualifications and, therefore, they could not claim employment. 6. The Apex Court, as is evident from the judgment extracted hereinabove, proceeded to set aside the judgment of the High Court without commenting on the merits of the case for a consideration afresh in the light of the judgment of the learned Single Judge referred to hereinabove, the press note of the Central Government as also the notification issued by the Government of Bihar through the Human Resources Department referred to hereinabove. 7. This is how on remittance, the matter has been heard by us where during the pendency of these writ petitions and appeals the State Government has come up with