NAUSHAD ANWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition preferred under Article 226 of the Constitution of India the Petitioners seek to challenge the validity of the letter issued under Memo No. 2005 dated (Annexure-7) by the Director, Secondary Education, Govt, of Bihar, Patna as contrary to the provisions contained in Articles 14 & 16 of the Constitution of India.

(2.) The facts that have been exposited in the petition which are essential to be narrated are that on 11.8.2008 vide Annexure-2 in the weekly Rojagar Samachar, a news item in the name of 'Career in Library and Information Science' was published in which the name of Alagappa University was published amongst other Universities offering Degree in Library and Information Science through the Distance Mode of Education. The Petitioners and other candidates took their admission in the Academic Session 2007-08 in Bharat Institute of Engineering & Technology which is a Study Centre of the Alagappa University in the State of Bihar. They completed their course and appeared in the examination conducted by the University and were declared to have passed the examination. The Alagappa University has issued the mark-sheets and the Certificates of Bachelor in Library and Information Science in favour of the Petitioners.

(3.) An advertisement (Annexure-6) had been issued by the District Board for the post of Librarian. The Petitioners and other students, who had obtained their Degree in Library Information Science from Alagappa University in the Academic Session 2007-08, submitted their application forms before the competent authority. The application forms submitted by the Petitioners and others were scrutinized by the Selection Committee of the District Board and their names were included in the provisional merit list prepared by the Selection Committee. While the Petitioners were about to be called for counselling a letter was issued by the Director, Secondary Education, Patna, 4th Respondent herein, vide Memo No. 2005 dated 3.12.2008 addressed to all the District Education Officers, District Education Superintendents and Sub-Divisional Education Officers directing them not to recognize the Degrees conferred by the Alagappa University, Karaikudi, Tamilnadu on the ground that communication of the Director, Distance Education Council had not recognized the Degrees conferred by the Alagappa University for Bachelor in Library & Information Science.