Petitioner challenged non-appointment as Librarian due to non-grant of extra points for her IGNOU degree. Court held the rules were amended after the fact. Application dismissed.
Application dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5172 of 2010 ====================================================== 1. Laxmi Kumari D/O Sri Nagesh Mishra R/O Vill Bari Aghu , P.S.Muffasil, Distt-Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Department Of Secondary Education Through Its Secretary Patna, Bihar 3. The District Magistrate Begusarai 4. The District Superintendent Of Education Begusarai 5. The District Education Officer Begusarai 6. The District Appellate Tribunal Begusarai .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Gautam For the Respondent/s : Mr. A.C. to G.P. 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 6 25-10-2013 Heard learned counsel for the petitioner and learned A.C. to G.P. 4. The parties have exchanged their pleadings. The application does not set out all the relevant facts. It has been stated that the petitioner became an applicant for the post of Librarian which was said to have been advertised by the Nagar Zila Parishad. She has obtained a degree from Indira Gandhi National Open University (for short IGNOU). In course of consideration of her claim, the petitioner was not awarded additional 5 point for holding an honours degree. It is the case of the petitioner that non-grant of additional point to the petitioner was on account of the fact that degree held by her was not
Patna High Court CWJC No.5172 of 2010 (6) dt.25-10-2013
2/3
equivalent to honours degree and, as such, she was edged out. Aggrieved by her non-selection, she moved the Tribunal constituted under the Bihar Panchayat Prarambhik Shikshak(Niyojan Avam Seva Shart) Niyamawali, 2006 (for short the Niyamawali). Tribunal after hearing the parties by an order dated 16.1.2010 (Annexure-4) rejected the case of the petitioner. Aggrieved thereby the present writ petition has been filed.
Certain facts are not in dispute. The petitioner at the time of consideration of her claim held a graduate degree with major from the IGNOU. The appointment made on the post in question is governed by the Rule framed by the Government in the department of Education called Bihar Nagar Nikay Madhyamik Ewam Uchchtar Madhyamik Shikshak (Niyojan ewam Seva Shart), Niyamawali, 2012. As per the said Niyamawali, the degree issued by the IGNOU, which the petitioner claims to have possessed, was not treated as equivalent to honours degree. Accordingly, the petitioner was not found eligible and was not appointed.
From the counter affidavit as well as supplementary counter affidavit, it appears that subsequently on a request made by IGNOU for treating the degree graduate with major issued by it as equivalent to honours degree, the Government in the concerned
Patna High Court CWJC No.5172 of 2010 (6) dt.25-10-2013
3/3
department by an order amended the relevant Rule with effect from 3.7.2012, copy thereof has been enclosed as Annexure-A to the counter affidavit filed on behalf of the Director, Secondary Education, Bihar.
Learned counsel for the petitioner has fairly submitted that when the appointment in question was made, such amendment was not brought in the relevant Rule. If that be so, then no illegality as such can be found with the order passed by the Tribunal on the application filed by the petitioner.
The application has no merit which is accordingly dismissed. No order as to costs.
(Kishore Kumar Mandal, J)
sudip/-
2 issues framed by the court
Whether an applicant holding an IGNOU degree should be granted additional points considered equivalent to an honours degree for appointment eligibility under the Bihar Nagar Nikay Madhyamik Ewam Uchch
Whether the subsequent amendment of the recruitment rules by the Government benefits an applicant whose case was decided prior to such amendment.
Laxmi Kumari
The State Of Bihar
Department Of Secondary Education
District Magistrate Begusarai
District Superintendent Of Education Begusarai
District Education Officer Begusarai
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
