Citation : 2024 Latest Caselaw 4 Jhar
Judgement Date : 2 January, 2024
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4751 of 2019
Dewanti Devi ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Welfare Department, Government of Jharkhand, Ranchi
3. The Director, Welfare Department, Government of Jharkhand,
Ranchi
4. The Deputy Director, South Chotanagpur Division, Government
of Jharkhand, Ranchi ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mrs. Niteshwari Kumari, Advocate For the Respondents : Mr. Binit Chandra, AC to AAG-III
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Order No. 05 Dated: 02.01.2024
The present writ petition has been filed for issuance of
direction upon the respondents to appoint the petitioner on the
post of Lady Supervisor as she has been selected on the basis of
written examination conducted on 26.08.2012 as per
advertisement dated 17.07.2012, however, her result has been
kept on hold by the committee headed by the respondent no. 4 -
the Deputy Director, South Chotanagpur Division, Government of
Jharkhand, Ranchi on the ground that her B.A. degree issued from
Prayag Vidyapith is not equivalent to the degree of graduation.
Further prayer has been made for issuance of direction upon the
respondents to publish the result of the petitioner considering the
reservation policy of the government as per which two seats are to
be reserved for BC-II category and if the result is published under
the said category, the petitioner will qualify.
2. Learned counsel for the petitioner submits that the
respondents were duty bound to consider the petitioner's
candidature for appointment to the post of Lady Supervisor as she
possessed valid B.A. degree issued from Prayag Vidyapith, which is
equivalent to graduation degree.
3. Mr. Binit Chandra, AC to AAG-III appearing on behalf of
the respondents, at the outset, submits that the petitioner has not
annexed the copy of degree said to have been issued to her by
Prayag Vidyapith. However, so far as the issue with regard to
'Vidya Vinodini' certificate issued by Prayag Mahila Vidyapith,
Allahabad is concerned, learned Division Bench of Patna High
Court vide judgment dated 14.02.2019 rendered in L.P.A. No.
455 of 2018 (Sangita Devi Vs. The State of Bihar & Ors.)
while considering the relevant circulars issued by the State
Government in that regard, has clearly held that the degree of
'Vidya Vinodini' issued from Prayag Mahila Vidyapith, Allahabad till
31.12.1987 can only be treated to be equivalent to Matriculation.
The petitioner has also not averred in the writ petition as to in
which year she was granted the degree by the said institution.
4. Having heard learned counsel for the parties and
keeping in view the judgment rendered by learned Division Bench
of Patna High Court in the case of "Sangita Devi" (supra),
wherein it has been held that 'Vidya Vinodini' certificate issued by
Prayag Mahila Vidyapith, Allahabad till 31.12.1987 could have been
treated to be equivalent to Matriculation only, this Court is of the
view that the petitioner has failed to make out any case for
consideration of the prayer made in the writ petition.
5. The writ petition is accordingly dismissed.
(Rajesh Shankar, J.) Manish
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