Saroj Kumar Saroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13776 of 2025 ====================================================== Saroj Kumar Saroj Son of Lakhan Rajak, Resident of Village- Khagra, P.S.- Naugachia, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Secondary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director, Bhagalpur, District-Bhagalpur. 5.

The District Education Officer, Bhagalpur, District-Bhagalpur. 6.

The Nagar Commissioner, Nagar Nigam, Bhagalpur, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Mr. Ranjan Kumar Jha, Ms. Isha Mishra, Ms. Sambhavi Vats.

For the Respondent/State:

Mr. Prabhu Narayn Singh, Adv.

For Bhagalpur Municipal Corp: Mr. Manoj Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-08-2025 Mr. Sharda Nand Mishra, learned counsel for the petitioner, Mr. Prabhu Narayn Singh, learned counsel representing the State-Respondent and Mr. Manoj Kumar Sinha, learned counsel for Bhagalpur Municipal Corporation are present.

2. The present writ petition has been filed for setting aside Annexure-P/4 series issued by Regional Director, Bhagalpur under the signature of Members of the Counselling Committee dated 18.03.2025, whereby educational certificate of

2/4 the petitioner has been found to be doubtful as according to the respondent concerned, the same is not issued by a recognized University.

3. Learned counsel for the petitioner submits that the Regional Deputy Director has doubted the educational certificate submitted with respect to Master of Arts in History, which is said to have been obtained from Vinayaka Mission Institute, Salem (Tamilnadu), India, Directorate of Distance Education approved by DEC, IGNOU, New Delhi.

4. It is the case of the petitioner that during the relevant period, the said University was validly recognized by the University Grants Commission and the doubt created by Respondent No.4/the Regional Deputy Director, Bhagalpur is unfounded and without any basis. It has been submitted that considering the Degree of the petitioner to be valid, the Bihar Public Service Commission has published its result for which the petitioner had appeared pursuant to Advertisement No. 26 of 2024 for the post of Headmaster. In this regard, the petitioner had made a representation before the Respondent No.4, which is annexed as Annexure- P/9 to the writ petition.

5. At this stage, learned counsel for the State and learned counsel for Respondent No.6/Bhagapur Municipal

3/4 Corporation submits that the final call in the matter is to be taken by Respondent No.4 and since the petitioner has already filed a representation for ventilating his grievances, the petitioner may be asked to submit a detailed representation afresh with supportive documents which is also accepted by the counsel for the petitioner.

6. Accordingly, the petitioner is directed to submit a detailed representation afresh along with all supportive documents to address the issues in question before the Respondent No.4/the Regional Deputy Director, Bhagalpur within a period of two weeks from the date of passing of this order.

7. Since it is not in dispute, the petitioner's degree which is said to have been obtained from Vinayaka Mission Institute, Salem (Tamilnadu), pertaining to academic session of the year 2010 to 2012 was validly recognized by the University Grants Commission during the said period and therefore, the consideration made by the concerned Respondent is contrary to the settled legal position.

8. Be that as it may, the Respondent No.4/the Regional Deputy Director, Bhagalpur is directed to dispose of the representation of the petitioner taking into account all such

4/4 facts and the supportive materials filed before him for consideration and would take a final decision in accordance with law after giving proper opportunity of hearing to the petitioner.

9. The entire exercise must be completed by the Respondent No.4/the Regional Deputy Director, Bhagalpur within a period of four weeks from the date of filing of the representation by the petitioner.

10. With the aforesaid direction/observation, the present writ application stands disposed of.

(Ajit Kumar, J) perwez U