Patna High Court
Phool Kumari Devi vs The State Of Bihar And Ors on 3 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.334 of 2019
In
Civil Writ Jurisdiction Case No.802 of 2016
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Phool Kumari Devi W/o Dashrath Rai resident of village - Parsa, P.O. -
Amardah, District - Saran at Chapra.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare, Govt. of Bihar, Patna
2. The Commissioner, Saran Division,Chapra
3. The District Magistrate, Saran at Chapra
4. First Appellate Authority-cum- District Programme Officer,Saran at Chapra
5. Asha Kumari Rai W/o shri Pramod Kumar Rai Resident of Village-Parsa
P.O. Amardah,Dist.-Saran at Chapra
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Krishna Kumar Singh, Adv
For the respondent no. 5 : Mr. Raju Giri, Adv & Mr. Santosh Kumar Mishra,
Adv
For the State : Mr. Gyan Prakash Ojha (GA7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 03-02-2021
Heard the parties.
Being aggrieved by judgement and order dated
28.11.2018 passed in C.W.J.C. No. 802 of 2016 passed by
learned Single Judge of this Hon'ble Court by which writ
petition was allowed in favour of petitioner Asha Kumari.
Present LPA has been preferred by respondent no. 5 Phool
Kumari.
Briefly stated, the facts of the case is that
Patna High Court L.P.A No.334 of 2019 dt.03-02-2021
applications were invited for selection on the post of Anganbari
Sevika for the Centre No. 2 Ishuapur Block in Saran district and
for which Aam Sabha was held on 11.04.2007 in which
appellant was selected and against her selection, writ petitioner
filed a complaint before the District Magistrate, Saran. District
Magistrate, Saran, cancelled the selection of appellant and in
compliance of which, appellant was removed by order dated
01.12.2008 passed by D.P.O.
Aggrieved by her removal, appellant preferred
appeal in the court of Commissioner, being Anganbari Appeal
No. 13 of 2010 which was allowed on 28.12.2010 on the ground
of non compliance of principles of natural justice as well as
violation of guideline issued on the subject and the matter was
remitted to the District Magistrate, Saran, however, in view of
fresh guideline issued by the department, same was sent to
D.P.O.(ICDS) (Appellate Authority) and after hearing both the
parties vide order dated 30.10.2015 DPO(ICDS) services of writ
petitioner was terminated and appellant was reinstated on the
post of Anganbari Sevika, which was challenged before this
Court by writ petitioner in CWJC No. 802 of 2016, and same
was allowed by the learned Single Judge by his order dated
28.11.2018 as impugned in this LPA on the ground that
Patna High Court L.P.A No.334 of 2019 dt.03-02-2021
appellant-respondent does not possess the requisite qualification
for being appointed as Anganbari Sevika, as she possessed
degree obtained from Hindi Sahitya Sammelan, which is not
recognized as equivalent certificate of graduation by State of
Bihar.
A Division Bench of this Court in the case of State
of Bihar & Ors vs Mamta Kumari since reported in 2010(4)
PLJR 318, in paragraph 27 & 30 has held as follows:-
"27. At this place, it is also very
significant to note here that similar question with
regard to the equivalence of qualification of Hindi
Sahitya Sammelan, Allahabad for the purposes of
admission in nursing courses in the State of Rajasthan
has been decided by the Apex Court in the case of
State of Rajasthan & Ors. vs. Lata Arun reported in
(2002)6 SCC 252 wherein a Madhyama Certificate
issued by Hindi Sahitya Sammelan, Allahabad in the
year 1984 was pressed for the purposes of seeking
admission by one Lata Arun was rejected by the Apex
Court after recording the stand of the Deputy
Secretary, Association of Indian Universities, New
Delhi to the effect that Hindi Sahitya Sammelan,
Allahabad is one of the voluntary Hindi institutions set
up for promotion of Hindi and its examinations are not
to be equated with the regular examinations of
secondary boards/universities and only the standard of
Hindi, of its examinations is accepted.
30.This Court is also not impressed with
the submissions of the learned counsel for the
respondents writ petitioners that it was only on
Patna High Court L.P.A No.334 of 2019 dt.03-02-2021
25.8.2008 that the State Government had issued an
order naming the institutions and a degree which were
not to be taken into consideration for appointment on
the post of Teachers in Panchayat/Prakhand/Nagar
Panchayat in terms of the Bihar Panchayat Prarambhik
Shikshak (Niyojan & Seva Sart) Sanshodhan
Niamawali, 2008 and Bihar Nagar Nikaya Prarambhik
Shikshak (Niyojan & Seva Sart) Sanshodhan
Niamawali, 2008. It is true that the Government by the
aforementioned order dated 25.8.2008 had circulated
names of 28 institutions and their qualifications to be
not equivalent to Matriculation/Intermediate including
Hindi Sahitya Sammelan, Allahabad but then that was
in keeping with a forged letter circulated earlier on
23.2.2007 describing the certificate of
Prathma/Madhyama (Visharad) from Hindi Sahitya
Sammelan, Allahabad to be equivalent to
Matriculation and Intermediate, whereafter, it was
thought necessary to give exhaustive list of such
institutions and their qualification which were not to
be taken into account for appointment on the post of
Teachers in Panchayat, Prakhand and Nagar
Panchayat. Prescription of such qualification in order
to remove confusion created by act of forgery cannot
be said to be only prospective in nature and at least the
respondent writ petitioners cannot draw any advantage
on the basis of the same specially when they have
failed to produce a chit of paper to show that any point
of time, the Madhyama (Visharad) examination
conducted by the Hindi Sahitya Sammelan, Allahabad
was recognized as an equivalent qualification of the
Intermediate for the purposes of appointment of
Teachers in the State of Bihar."
After hearing both the parties and considering the
Patna High Court L.P.A No.334 of 2019 dt.03-02-2021
materials available on record, this Court does not find any
infirmity or error in the order passed by learned Single Judge,
requiring any interference by this Court.
The LPA is accordingly, dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
