IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6235 of 2009 PREM SUDHA KUMARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 18.05.2009 Heard learned counsel for the petitioners and the State. The petitioners claim to have obtained degree of Library Science from Alagappa University, Karaikudi, Tamilnadu. They applied for appointment against the vacant post of Librarian in 2nd phase of teachers’ appointment. Their qualification of Library Science has been obtained through open distance learning system. Learned counsel for the petitioner fairly acknowledges that the Distance Education Council has issued directions that no course of distance education by any University can be recognized till such course of distance education was granted recognition by the Distance Education Council. The submission on behalf of the petitioners is that while they are being denied consideration for lack of recognition by the Distance Education Council to the course that they have attended, but, it is still pending for consideration before the Distance Education Council. Notwithstanding the same, certain others, who have obtained their qualification from the distance mode of education in Bachelor of Library and Information Science, inter alia from the Nalanda Open University, Patna University and which course also has not been granted approval by 2 the Distance Education Council are being considered for appointment. Learned counsel for the State points out from Annexure-7 dated 3.12.2008 of the Director, Secondary Education that since the distance education course from Alagappa University was not recognized by the Distance Education Council, applicants from that University would not be considered. If the Respondents have fixed a yardstick not to accord recognition to such course of distance education as not recognized by the Distance Education Council, such a standard by the Respondents has to be applied uniformly and the Respondents cannot do so selectively. Learned counsel for the State in light of Annexure-7 acknowledges that this yardstick has to be uniform and the State cannot consider any one for appointment of qualification of a distance education course unrecognized by the Distance Education Council. The concession made on behalf of the State on issue of law binds the State. The State is precluded from making any appointment based on a course of distance education not recognized by the Distance Education Council. The writ application stands disposed with aforesaid observations. AKS/ (Navin Sinha, J.)