Dismissed¶49

Lusi Devi v. The State of Bihar

Patna HC29 Jul 2024CWJC/5084/2023

Case brief

AI extract

What is this about?

CWJC No.5084 of 2023; Patna High Court; decision 29-07-2024; Bibek Chaudhuri J; compassionate appointment; death in harness 26.12.2011; Hindi Vidyapith Deoghar fake institution; notification no.5267 dated 08.04.2016; corrigendum dated 24.08.2017; prospective effect; cut-off 07.05.2012; Bihar Board of Open Schooling and Examination 2017; General Administration Department Bihar; Water Resources Department; Class-IV Peon grade pay Rs.1800; Articles 14 and 16 Constitution of India; writ petition dismissed; no order as to costs.

What did the court decide?

None; no order as to costs. ¶49

Lusi Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

None; no order as to costs.

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Issue for consideration

Whether the petitioner, selected on 02.02.2016 for compassionate appointment as Class-IV Peon on the strength of her matriculation certificate from Hindi Vidyapith, Deoghar (passed in 2013), may join the post notwithstanding the General Administration Department notification dated 08.04.2016 declaring such certificates invalid. +1 more

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Court's answer

Since the petitioner obtained her Class 10th passed certificate in 2013, i.e., after 07.05.2012, she comes within the clutches of the notification dated 08.04.2016 and her Hindi Vidyapith, Deoghar certificate cannot support her appointment.

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Ratio / Principle

As per the corrigendum/notification dated 24.08.2017, appointments/promotions made or given on the basis of certificates issued by Hindi Vidyapith, Deoghar prior to 07.05.2012, until issuance of the GAD notification dated 08.04.2016, shall not be affected; only certificates issued prior to 07.05.2012 were saved.

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Key takeaways

The decision of the General Administration Department refusing the petitioner's claim suffers from no fault/illegality and is not arbitrary or violative of Articles 14 and 16.ratio¶48

Detailed headnote1 paragraphs

Compassionate appointment - Patna High Court (Bibek Chaudhuri, J) dismisses second-round writ. Petitioner's father died in harness on 26.12.2011; she was selected on 02.02.2016 as Class-IV Peon (grade pay Rs. 1800/-) on the basis of a 2013 matriculation certificate from Hindi Vidyapith, Deoghar. GAD notification no. 5267 dated 08.04.2016 declared such certificates invalid; the corrigendum dated 24.08.2017, issued on the Advocate General's opinion, saved only certificates issued prior to 07.05.2012. Having passed in 2013, after the cut-off, the petitioner fell within the 08.04.2016 notification; her 2017 qualification from Bihar Board of Open Schooling and Examination, obtained about five years after the father's death, could not cure the defect. Her earlier writ C.W.J.C. No. 9337 of 2019 had been disposed of with liberty to represent. Held: no illegality or arbitrariness violative of Articles 14 and 16 of the Constitution in the GAD's decision; writ petition dismissed, no order as to costs.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5084 of 2023

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Lusi Devi, D/o-Late Hari Kishore Jha, R/o-Village-Mishrapur, PostKumaitha, P.S.-Bath, District-Bhagalpur, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Water Resources Department, Government of Bihar, Patna.

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The Principal Secretary, General Administration Department, Bihar, Patna.

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The District Compassionate Committee through its Chairman, Muzaffarpur.

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The District Magistrate, Muzaffarpur.

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The Deputy Collector, Establishment, Muzaffarpur.

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The Superintending Engineer, Irrigation Mechanical Circle, Muzaffarpur.

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The Executive Engineer, Irrigation Mechanical Division, Muzaffarpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Roona, Advocate For the Respondent/s : Mr.Suman Kumar Jha, AC to AAG 3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

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ORAL ORDER

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3 29-07-2024 This is second round of litigation at the instance of the petitioner for compassionate appointment in place of her father,

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who died on 26^th of December, 2011, while in service, leaving behind his widow and the petitioner as his only daughter. After the death of her father, the petitioner applied for compassionate

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appointment on 19^th of May, 2015, along with all necessary documents, including the certificate issued by Hindi Vidyapith, Deoghar, which was equivalent to Secondary School 10^th Examination. It is not in dispute that, as per the certificate issued by Hindi Vidyapith, Deoghar, the petitioner passed her

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Patna High Court CWJC No.5084 of 2023(3) dt.29-07-2024 2/7

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matriculation examination in the year 2013. Her prayer for compassionate appointment was placed before the committee on

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2^nd of February, 2016 and she was found eligible to be appointed in the Class-IV as a Peon in grade pay of Rs. 1800/-. After her date of selection and actual appointment, the General Administration Department issued a notification bearing no. 5267 dated 8^th of April, 2016, holding, inter alia, that the certificate issued by Hindi Vidyapith, Deoghar, would be treated to be invalid. Therefore, the petitioner was not allowed to join her post on compassionate ground as she passed her matriculation examination from Hindi Vidyapith, Deoghar, certificates of which were declared invalid.

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It is submitted by the learned Advocate on behalf of the petitioner that the State Government sought for opinion of the learned Advocate General with regard to the effect of notification dated 8^th of April, 2016 in respect of candidates who had already passed from the said institution before the notification dated 8^th of April, 2016 having been issued.

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The learned Advocate General submitted his valid opinion to the General Administration Department which reads as under:-

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“Thus, in my opinion, the clause

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Patna High Court CWJC No.5084 of 2023(3) dt.29-07-2024 3/7

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simply means that appointments/promotion, made/given on the basis of the certificate issued by Hindi Vidyapith, Deoghar prior to 7^th of May, 2012 until issuance of the notification by General Administration Department dated 8^th of April, 2016 shall not be affected”

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On the basis of the said opinion of the learned Advocate General of the State, the General Administration Department again issued a corrigendum dated 24^th of August, 2017, stating as under:-

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"अततः सम्यकक वविचचाररोपररांत स्पष्ट वकयचा जचातचा हह वक "वहन्ददी वविदचापदीठ, ददविघर दचारचा वदनरांक- 07.05.2012 सद पपूविर प्रदत्त उपचावधिययों कद आधिचार पर वदनरांक 07.05.2012 सद अवधिसपूचनचा जचापरांक- 5267 वदनरांक - 08.04.2016 वनररत हरोनद कद बदीच (अरर्थातक वदनरांक 08.04.2016 तक) कदी रयदी वनययुवकत/प् र न्नवत उकत अवधिसपूचनचा सद अप्रभचाववित रहदरदी। परन्तयु वदनरांक 08.04.2016 कद पशचातक उकत उपचावधिययों कद आधिचार पर करोई वनययुवकत / प् र न्नवत नहहीं कदी जचा सकदरदी।"

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Further case of the petitioner that in the meantime the petitioner passed matriculation examination again from Bihar Board of Open Schooling and Examination in the year 2017. She submitted a representation before the concerned department. However, the department rejected the prayer of the petitioner. Thereafter, petitioner filed C.W.J.C. No. 9337 of 2019, praying for a direction upon the respondents to permit her

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Patna High Court CWJC No.5084 of 2023(3) dt.29-07-2024 4/7

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to join as per order dated 2^nd of February, 2016. A Coordinate Bench of this Court disposed of the said writ petition with liberty to the petitioner to approach the appropriate authority for her grievances. On the basis of the said direction passed by this Court in the aforesaid writ petition, she made an elaborate representation before the Board. However, her representation was again rejected on the ground that she had no academic qualification on the date of her appointment, i.e., on 2^nd of February, 2016.

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Challenging the said order, the petitioner has approached this Court for appropriate writ/direction/order.

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Learned Advocate on behalf of the petitioner laid stress on the opinion of the learned Advocate General, State of Bihar, on the basis of which the General Administration Department issued order dated 24^th of August, 2017. It is contended on behalf of the learned Advocate for the petitioner that on 2^nd of February, 2016, she was selected. However, she could not join before 8^th of April, 2016. She passed her 10^th matriculation examination from Hindi Vidyapith, Deoghar, in the year 2013. At that point of time, there was no notification dated 8^th of April, 2016. Therefore, the said notification cannot

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Patna High Court CWJC No.5084 of 2023(3) dt.29-07-2024 5/7

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be given any retrospective effect. From the opinion of the learned Advocate General, it is also appeared that the notification dated 8^th of April, 2016 shall have prospective effect only. The persons who passed before issuance of the notification, their appointment cannot be reversed on the ground of subsequent declaration of Hindi Vidyapith, Deoghar, to be a fake institution.

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Learned Advocate on behalf of the respondents, on the other hand, has drawn my attention on paragraph nos. 8, 9 and 17 of the counter affidavit.

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In paragraph no. 8, it is contended by the learned Advocate for the respondents that by virtue of notification dated 8^th of April, 2016, it was directed that the candidate who passed 10^th matriculation examination from Hindi Vidyapith, Deoghar, after 7^th of May, 2012 ought not to be validated. The petitioner admittedly passed her 10^th matriculation examination from Hindi Vidyapith, Deoghar, in the year 2013. Accordingly, her academic certificate cannot be considered in the instant case.

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It is also contended by the learned Advocate for the respondents that the opinion of the learned Advocate General has been misconstrued by the petitioner. Learned Advocate on behalf of the respondents further submits that the

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Patna High Court CWJC No.5084 of 2023(3) dt.29-07-2024 6/7

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petitioner subsequently passed Secondary Examination on 31^st of August, 2017 from the Bihar Board of Open School Examination. Since the petitioner attained academic qualification required for the post of Group D employee after a lapse of 5 years of her father’s death, the said certificate dated 31^st of August, 2017 can also not be considered to adjudicate as to whether the petitioner is entitled to join in the Water Resources Department as Class-IV Staff.

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Having heard the learned Advocates for the parties and on careful perusal of the entire materials on record, this Court is of the view that Annexure-3, being a notification dated 24^th of August, 2017, is the relevant document to ascertain as to whether the Administrative Department acted illegally and arbitrarily in violation of Articles 14 and 16 of the Constitution of India.

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The said notification clearly states that the appointment/promotion made/given on the basis of certificates issued by Hindi Vidyapith, Deoghar, prior to 7^th of May, 2012, until the issuance of the notification by the General Administration Department dated 8^th of April, 2016 shall not be affected. Thus, the certificates issued by Hindi Vidyapith, Deoghar, prior to 7^th of May, 2012 was saved and

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Patna High Court CWJC No.5084 of 2023(3) dt.29-07-2024 7/7

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appointment/promotion on the basis of those certificates issued by Hindi Vidyapith, Deoghar, prior to 7^th of May, 2012 would not be vitiated by the notification issued by the General Administration Department on 8^th of April, 2016.

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It is unfortunate to note that the petitioner obtained her Class 10^th passed certificate in the year 2013 i.e., after 7^th of May, 2012. Therefore, in my considered opinion, she come within the clutches of the notification dated 8^th of April, 2016.

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