Suresh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20176 of 2011 ====================================================== SURESH KUMAR, S/O Late Bishwa Nath Prasad, Resident of Mohalla- Text Book Colony, 2A/27, Indrapuri, P.O- Kashari Nagar, P.S- Patliputra, DistrictPatna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Managing Director, Bihar State Text Book, Publishing Corporation Ltd., Budh Marg, Patna.

3.

The Secretary, Bihar State Text Book Publishing Corporation Ltd., Budh Marg, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhaneshwar Pd. Gupta, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, G.A.-7 Ms. Sangh Mitra Ghosh, A.C.to G.A.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and Mr. Gyan Prakash Ojha, learned counsel for Bihar State Text Book Publishing Corporation Ltd.

Petitioner in the present case is seeking a direction to the respondent authorities to promote him on the post of Personnel Manager in the Bihar State Text Book Corporation Ltd., Patna.

Learned counsel for the petitioner submits that the petitioner was appointed on the post of Operative in third grade whereafter he was transferred to the computer cell. It is his case that he obtained Post Graduate Diploma in personnel

Patna High Court CWJC No.20176 of 2011(8) dt.14-02-2023 2/3 management and industrial relations through a correspondence course from Annamalai University in the year 2009. Learned counsel for the petitioner submits that the petitioner had applied for his promotion to the post of Manager, personnel and administration, but his application was rejected on the ground that he did not possess the eligibility qualification. Learned counsel submits that for the post of Manager, personnel and administration the applicant was required to have a degree and according to him the Post Graduate Diploma possessed by him was equivalent to a degree but it was not considered by the Corporation. Learned counsel submits that the petitioner has, however, retired from service on 31.01.2014.

On the other hand, learned counsel for the Corporation submits that the petitioner is seeking equivalence of his Post Graduate Diploma as that of degree without appreciating that such issue of equivalence is in the domain of the employer. So far as the Corporation is concerned, the Corporation had never decided to treat Post Graduate Diploma as equivalent to degree for purpose of appointment on the post of Manager, Personnel and Administration.

This Court finds substance in the submissions of the

Patna High Court CWJC No.20176 of 2011(8) dt.14-02-2023 3/3 learned counsel for the Corporation. The petitioner has already retired from service in the year 2014 and at this stage nothing survives for him in this writ application.

This writ application is dismissed.

(Rajeev Ranjan Prasad, J) vats/Rajeev U