Kishore Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11410 of 2019 ====================================================== 1.

Kishore Kumar, Son of Late Sudama Prasad, R/o Vill. Armal, Post- Simhari, Police Station- Dhanarua in the district of Patna. 2.

Akhilesh Prasad, Son of Late Ramlakhan Bhakt R/o- H.I.G. Flat No. 39 Block No. 2 Bahadurpur Housing Colony Sector-7 P.S. Agamkuan in the district of Patna.

3.

Navin Kumar, Son of late Ravindra Kumar, R/o Vill.- Ranipur, Police Station Phulwarisharif in the district of Patna. 4.

Ranvijay Kumar, Son of Late Virendra Singh, R/o Muhalla- Trilok Nagar, Rasidahak, Badi Pahadi, Police Station Agamkuan in the district of Patna. 5.

Dharmveer Singh, Son of Late Kashi Nath Singh, R/o Vill Baruna, P.S.- Fatuha in the district of Patna.

6.

Kumar Rajesh Panday, Son of Late Kumar Brajesh Panday, R/o MuhallaNalanda Colony, P.S. Ramchandrapur in the district of Nalanda. 7.

Sheo Nath Paswan, Son of Late Baleshwar Paswan, R/o Vill. Mohan Chak Post Akhtiarpur, Bikram in the district of Patna. 8.

Arun Kumar, Son of Late Baleshwar Ram, R/o Vill. Yogipur, Police Station Hilsa in the district of Nalanda.

9.

Abhishek Kumar, Son of Late Ramchandra Prasad, R/o Mohalla- Mosimpur Kurma, Police Station Fatuha in the district of Patna. 10.

Prakash Kumar, Son of Late Krishnandan Sharma, R/o Vill. Badi Tengraila, P.S. Naubatpur in the district of Patna.

11.

Soyam Prakash Sinha, Son of Late Ramyatn Singh, R/o Muhallah- Dashrath, Police Station Beur in the district of Patna. 12.

Arbind Kumar, Son of Sri Muneswar Singh, R/o Muhalla- Jayprakash Nagar, Police Station- Jakkanpur in the district of Patna. 13.

Niranjan Kumar, Son of Shreenandan Mahto, R/o Muhalla- Dhelwan Dakshni, Police Station- Ramkrishnanagar in the district of Patna. 14.

Sanjay Kumar, Saral, Son of Sri Ramdeo Prasad, R/o Vill.- Miyan Bigha, Post Dariyapur, Police Station- Islampur in the district of Nalanda. 15.

Rajkumar, Son of Dwarika Prasad, R/o Vill. Jalalpur, Police Station Okari in the district of Jehanabad.

16.

Jay Kumar Rahi, Son of Late Sitaram Prasad, R/o Vill. Andi, Police Station, Asthawan in the district of Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education Department Govt. of Bihar, Patna.

2.

The University Grant Commission, through its Secretary, Bahadur Shah Zafar Marg, New Delhi.

3.

The Director, Primary Education, Govt. of Bihar, Patna.

2/7 4.

The District Program Officer (Establishment), Patna. 5.

The District Education, Officer, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Respondent/s :

Mr. Ram Vinay Pd. Singh, AC to GA-12 For the Respondent No.2 :

Mr. Amrendra Nath Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-09-2025 Heard the parties concerned.

2. Learned counsel for the petitioners submits that petitioners have filed this writ petition for a direction upon the respondents to promote the petitioners on the post of Graduate Trained Science/Arts Teachers and in order to substantiate their claim with respect to these petitioners having the requisite Graduate Trained Degree, the counsel has taken this Court to the letter issued by the Department of Education as contained in Letter No. 1286 dated 28.09.2018 wherein from the list of Universities appended, it would transpire that the name of University, under Section 2F and Section 3 of UGC Act, 1956 from where these petitioners are said to have obtained their Graduate Trained Degree is enlisted. The petitioner no.1, Kishore Kumar is said to have obtained graduate degree from Vinayaka Mission University in distance mode in the year 2013 with the permission of District Education Officer, Patna and

3/7 presently working at Primary School, Kripal Tola, Fatuha.

3. Similarly, petitioner no. 2, Akhilesh Prasad has obtained graduate degree from Shobhit University in distance mode in the year 2013 with the permission of District Programme Officer, Patna and presently working at Primary School, Hanuman Nagar, Patna.

4. Petitioner no. 3, Naveen Kumar has obtained graduate degree from Thiruvalluvar University, Tamilnadu in distance mode in the year 2015 and presently working at Primary School, Gorgawa Musahri, Danapur.

5. Similarly, petitioner no. 4, Ran Vijay Kumar has obtained graduate degree from Shobhit University in distance mode in the year 2013 with the permission of department concerned and presently working at Primary School, Chakpitamberpur, Fatuha.

6. Petitioner no. 5, Dharamvir Singh has obtained graduate degree from Shobhit University in distance mode in the year 2017 with the permission of District Programme Officer and presently working at Primary School, Chakpitamberpur, Fatuha.

7. Petitioner no. 6, Kumar Rajesh Pandey has obtained graduate degree from Shobhit University in distance

4/7 mode in the year 2016 with the permission of department concerned.

8. Similarly, petitioner no. 7, Shiv Nath Paswan has obtained graduate degree from Vinayaka Mission University, Tamilnadu in distance mode in the year 2016 with the permission of department concerned and presently working at Primary School, Naubatpur, Patna.

9. Petitioner no. 8, Arun Kumar has obtained graduate degree from Shobhit University, Meerut in distance mode in the year 2015 with the permission of department concerned.

10. Petitioner no. 9, Abhishek Kumar has obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2013 with the permission of department concerned and presently working at Primary School, Nathupur, Fatuha.

11. Similarly, petitioner no. 10, Prakash Kumar has obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2016 with the permission of department concerned and presently working at Baliga Middle School, Khagaul.

12. Petitioner no. 11, Soyam Prakash Sinha has

5/7 obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2016 with the permission of department concerned and presently working at Primary School, Bariya Sampatchak, Patna.

13. Petitioner no. 12, Arbind Kumar has obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2016 with the permission of department concerned and presently working at Middle School, Punpun, Patna.

14. Petitioner no. 13, Niranjan Kumar has obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2015 with the permission of department concerned and presently working at Middle School, Shahpur, Danapur, Patna.

15. Petitioner no. 14, Sanjay Kumar has obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2015 with the permission of department concerned and presently working at Swanandan Middle School, Chamdoriya, Patna City.

16. Petitioner no. 15, Raj Kumar has obtained graduate degree from Tamilnadu Open University in distance mode with the permission of department concerned and lastly,

6/7 petitioner no. 16, Jai Kumar Rahi has obtained graduate degree from Vinayak Mission University, Tamilnadu in distance mode in the year 2015 with the permission of department concerned and presently working at Primary School, Hanumanchak, Patna.

17. Leaned counsel for the petitioners next submits by referring to the letter issued by Director, Primary Education addressed to the District Education Officer vide letter no. 1286 dated 28.09.2018 goes to show that the list of the Universities recognized under Section 2F and Section 3 of UGC Act, 1956, appended with the said letter, holds recognition to impart education to the students in the subjects for which these petitioners had taken admission during the period.

18. Be that as it may, since the name of the Universities from which these petitioners are said to have obtained their graduate degree finds place in the list appended with the said letter and therefore, the respondents are directed to examine the authenticity/validity of the Universities had recognition during the period, when the degrees are said to have been obtained by these petitioners and if it is found that their degrees are in consonance with the guidelines of the UGC degrees are valid, then necessary action would be taken by them for grant of promotion to the post by rocognizing them to be

7/7 graduate trained and accordingly, consequential benefits shall also be extended to them, if any, within a period of three months from the date of filing of the representations of the petitioners by passing a reasoned order.

19. Accordingly, the instant petition with the observation and direction made hereinabove, stands disposed of. (Ajit Kumar, J) perwez U