LAWS(PAT)-2020-1-140

BHAIRO YADAV @ BHAIRAV YADAV Vs. STATE OF BIHAR

Decided On January 21, 2020
BHAIRO YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to SC-8 for the State.

(2.) The petitioner is a claimant for appointment to the post of Choukiar/Dafadar under an existing provision which enable the outgoing incumbent of the post to nominate his qualified son within the specified time frame for the appointment in-question. In respect of the same relief, the petitioner had earlier approached this Court in the writ proceedings (Annexure-1). In C.W.J.C. No. 189 of 2017 after detailed consideration of the issue, the Authorities were directed to take necessary steps for appointment of the petitioners in accordance with law in terms the request made by his father within a specified time frame.

(3.) The admitted position is that the petitioner, as per the existing provisions was required to be a 'Matriculate' for the purposes of appointment. The petitioner has submitted a certificate issued by the Hindi Vidyapith Deoghar, certifying that he passed the examination on 27.03.2015. The claim of the petitioner has been rejected by the Authorities by Annexure-4 by assigning a reason that the principal Secretary, Personnel and Administrative Reforms as well as Rajya Bhasha Department under order dated 26.02.2015 has de-recognized the degree issued by the Hindi Vidyapith w.e.f. 26.06.2014. The petitioner's degree issued by the said institution is much subsequent thereto i.e. dated 27.03.2015. The degree, therefore, was not recognized for the purposes of the selection in-question. The claim of the petitioner has, accordingly, been rejected.