The Patna High Court quashed orders terminating the petitioner's employment due to a non-recognition of her Up-Shastri degree, holding that the relevant rule substitution applied only to appointments made after August 2008.
Petitioner was directed to be reinstated in service with consequential benefits within two weeks of the order.
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.6978 of 2013
====================================================== Sunaina Yadav @ Sunayana Yadav, W/o Sri Ram Prit Rai, Resident of Village- Laptaha, P.S.- Parihar, District - Sitamarhi
.... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The District Magistrate, Sitamarhi
.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Jai Prakash Verma, Advocate For the Respondents : Mr. G.K. Agrawal, GA 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
From the impugned order of the Appellate Authority dated 30.11.2012 it appears that the sole ground for termination of services of petitioner and rejection of her appeal is that she was having Up-Shastri degree which was not recognized as equivalent degree in terms of sub-rule (2) of Rule 8 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008). Sub-rule (2) of Rule 8 as it stands today reads as follows:
Patna High Court CWJC No.6978 of 2013 (4) dt.14-07-2014
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“8. (2)
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As per this sub-rule, the degree of Up-Shastri and other degrees have been excluded from the list of degrees fixing degree of candidates but this sub-rule (2) has been substituted in the Rule through notification no.3148 dated 25.08.2008 prescribing the alleged amendment that he/she should have passed any examination from any institution recognized by the State. Before this notification, sub-rule (2) of Rule 8 of the Rules reads as follows:
Petitioner was appointed as Block Teacher in 2007 through letter dated 23.04.2007 of the Block education Extension Officer, i.e. prior to the said sub-rule of Rule 8 was substituted. Hence, the bar imposed in the substituted sub-rule (2) shall obviously be not applicable in the case of petitioner. Petitioner was/is having Up-Shastri degree from Kameshwar Singh
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Darbhanga Sanskrit University which is apparently a University set up under the Act of the State. Therefore, there cannot any question of de-recognition of the degree for the purpose of eligibility in terms of unamended sub-rule (2) of Rule 8.
Thus, it is apparent that the respondents had committed an error of record by taking notice of sub-rule (2) of Rule 8 for her temporary appointment as invalid.
In the circumstances, the order of the Appellate Authority dated 30.11.2012 as well as the order of the Block Education Extension Officer, as contained in Annexure-6, and the order of the Deputy Development Commissioner, Sitamarhi dated 17.01.2008, as contained in Annexure-5, are quashed. Respondents are directed to reinstate the petitioner in service with consequential benefits within two weeks from the date of receipt/production of a copy of this order.
This application is accordingly allowed.
(Jayanandan Singh, J)
B.T/-
U
2 issues framed by the court
Whether the petitioner, appointed before the amendment to the recruitment rules, can be terminated on the ground of having a degree excluded by the substituted sub-rule?
Whether the subordinate court correctly applied the amended sub-rule (2) of Rule 8 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 to a petitioner appointed prior t
1 provisions across 1 enactments
Sunaina Yadav
The State of Bihar through the Principal Secretary, Human Resources Development Department
The District Magistrate, Sitamarhi
The Deputy Development Commissioner, Sitamarhi
The Member, District Teacher Employment Appellate Authority, Sitamarhi
The Head Master, Middle School, Baya
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
