Vijay Kumar vs The State Of Bihar
2023 Latest Caselaw 2 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.940 of 2019
                                           In
                    Civil Writ Jurisdiction Case No.17072 of 2015
     ======================================================

1. Manoj Kumar S/o anand Lal Resident of Mohalla New Damariya, West of Kabristan, P.o- Anisabad, P.s.- Gardanibagh, Distt.- Patna

2. Ram Murat Singh S/o Shri Prama Singh Vill. and P.o.- Ashok Nagar, P.s.-

Jalalur, Distt.- Chapra at Saran

3. Md. Shahanshah Azam S/o Md. Azim Uddin Vill.- Bichali Aran, P.o.-

Sohsarai, P.s.- Sohsarai Town Bihar Sharif, Distt.- Nalanda ... ... Appellant/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary General Administration Department, Govt. of Bihar, Patna

3. The Registrar General High Court of Judicature at Patna

4. The Registrar (Administration) High Court of Judicature at Patna

5. The Chairman Convener Coordination Committee-cum-District and Sessions Judge, Patna

6. The District and Sessions Judge Rohtas at Sasaram

7. The District and Sessions Judge Saran at Chapra

8. The In-Charge Administration, Rohtas, Sasaram

9. The In-Charge Administration, Saran at Chapra ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 923 of 2019 In Civil Writ Jurisdiction Case No.17588 of 2015 ======================================================

1. Vijay Kumar Son of Shri Baikunth singh Resident of Village-Shahri, Police Station - Ben, District Nalanda, Biharsharif

2. Bipin Bihari Singh Son of Yogendra Prasad Singh R/o Village-Maulana Bigha, Post office Onda, Police Station Sare, District Nalanda, Biharsharif

... ... Appellant/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary General Administration Department, Government of Bihar, Patna

3. The Registrar General High Court of Judicature at Patna

4. The Registrar (Administration) High Court of Judicature at Patna

5. The Chairman Convenor Coordination Committee-cum-District and Sessions Judge, Patna Patna High Court L.P.A No.940 of 2019 dt.02-01-2023

6. The District and Sessions Judge Biharsharif, Nalanda

7. The In-Charge Administration, Biharsharif, Nalanda ... ... Respondent/s ====================================================== Appearance :

(In Letters Patent Appeal No. 940 of 2019) For the Appellant/s : Mr.Arvind Kumar Sharma For the Respondent/s : Mr.Prabhat Kumar Verma (Aag3) (In Letters Patent Appeal No. 923 of 2019) For the Appellant/s : Mr.Arvind Kumar Sharma For the Respondent/s : Mr.Prabhat Kumar Verma (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 02-01-2023 In these two LPAs the appellants Manoj Kumar and

Vijay Kumar have assailed the order of the learned Single Judge

passed in CWJC No. 17072 of 2015 and CWJC No. 17588 of 2015

dated 18.07.2019.

Pursuant to the advertisement for the post of Hindi

Stenographer the appellants were candidates and they were

selected and appointed. Appellant-Vijay Kumar was permitted to

join service on 14.08.2015 and his services were terminated on

17.09.2015. However, Manoj Kumar was not permitted to join

service in other words before joining service pursuant to the order

of appointment to the post of Hindi Stenographer order of

selection and appointment were cancelled.

Feeling aggrieved by the decisions of the respondents

both the appellants preferred CWJC No. 17072 of 2015. Learned Patna High Court L.P.A No.940 of 2019 dt.02-01-2023

Single Judge upheld the decision of the respondent insofar as

cancellation of selection and appointment to the post of Hindi

Stenographer. Sole reason for cancellation of their selection and

appointment is that they had certificate of Sahitya Alankar

awarded by Hindi Vidyapeetha, Deoghar. Such qualification could

be equated to that of degree or equivalent to graduation or not?

Respondents are of the view that in terms of the High

Court decision dated 02.07.2013 that the certificate of Sahitya

Alankar awarded by Hindi Vidhaypeetha, Deoghar was not

recognized for qualification for appointment to the post of Class-

III in Civil Courts. Before taking impugned action against the

appellants, the appellants have not been heard in the matter for the

reasons that their right to selection and appointment to the post of

Hindi Stenographer has already crystallized with reference to

selection and issuance of order of appointment in that context they

are entitled to have notice before cancellation of their selection and

appointment to the post of Hindi Stenographer such a notice was

not issued by the official respondents. Therefore, on the ground of

violation of principle of natural justice the impugned action of the

respondents were liable to be set aside.

It is to be noted that learned Single Judge has relied on

Rule 9 (6) of The Bihar Civil Courts Staff (Class-III and Class-IV) Patna High Court L.P.A No.940 of 2019 dt.02-01-2023

Rules, 2009. Even reading of Rule 9 (6) it does not prohibit for

issuance of show cause notice. It is to be noted that any adverse

action taken against a person he must be heard in that matter. This

court in the case of Rajesh Kumar vs. State of Bihar reported in

2019 5 BLJ 558 held that termination is in violation of principle of

natural justice. The learned Single Judge has committed error in

not noticing that appellants have not been provided an opportunity

of hearing before cancellation of their selection and appointment

to the post of Hindi Stenographer.

Apex Court in the case of Esteem Properties Pvt. Ltd

vs. Chetan Kamble reported in 2022 (4) Scale 284 it is held that

importance of natural justice and an opportunity of hearing to be

afforded to the affected party in any administrative or quasi-

judicial proceedings. The aforementioned decision is aptly

applicable to the case in hand.

In the light of these facts and circumstances the

appellants have made out a prima facie case so as to interfere with

the impugned order of learned Single Judge as well as decision of

the authorities dated 31.08.2015 Annexure-5.

Accordingly, they are set aside. The matter is remanded

to the concerned official respondents to issue a detailed show

cause notice as to why the selection and appointment shall not be Patna High Court L.P.A No.940 of 2019 dt.02-01-2023

cancelled in the light of the fact that qualification acquired by the

petitioners is not equivalent to that of degree or graduation. If such

notice is issued thereafter the appellants were permitted to file

their explanation with reference to any material information to

establish that Sahitya Alankar issued by Hindi Vidyapeetha,

Deoghar is equivalent to that of graduation.

Ordinarily declaration of equivalency of qualification is

vested with the State Governments or University. If the appellants

have any material information to establish that educational

qualification acquired by them is equivalent to that of graduation

the same shall be placed before the competent authority. The

competent authority is hereby directed to take note of appellants

explanation along with documents, if any, produced and proceed to

consider and pass a speaking order and communicate to the

respective parties. The above exercise shall be completed within a

period of three months from the date of receipt of this order.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) abhishekkr/-

AFR/NAFR              NAFR
CAV DATE              N/A
Uploading Date        06.01.2023
Transmission Date     N/A