ABHISHEK KUMAR AMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have preferred this writ petition seeking to quash the order dtd. 15/6/2021 issued by the District Programme Officer declaring the appointment of the petitioner illegal on the premise that they had acquired the qualification of Madhyama from Bihar Sanskrit Education Board which is equivalent to matriculation but as they were appointed prior to 2012, they cannot be allowed to continue on the post. The petitioners also pray for the quashing of the consequential orders passed on the 26th of July, 2021, and 6th of September, 2021 whereby the petitioners have been removed from the post which they were held continuously from 2009.

(2.) Learned counsel for the petitioners submits that the qualification of Madhyama from Bihar Sanskrit Education Board is equivalent to that of matriculation. Beyond the records, the state authorities issued an order in 2012, directing the various District Programme Officers to treat the qualification as equal to appoint persons on the post of Tola Sewak. Those who had acquired qualifications prior to 2012 and were appointed as Tola Sewak cannot be said to have been illegally appointed and they cannot be distinguished or discriminated from the candidates who have been appointed after 2012 based on the same qualification.

(3.) Learned counsel submits that the interpretation taken by the respondent is wholly erroneous as so far as the question of Madhyama being equivalent to that of matriculation was never in dispute even prior to 2012. The petitioners had presented themselves for appointment based on their qualification of Madhyama. They had been appointed from 2009 and were continued as Tola Sewak. The post of Tola Sewak has been made as a substantive post and the persons are being allowed to perform their duties up to the date of attaining superannuation as provided in the Bihar Service Code, i.e. age of 60, cannot be treated different from others who were appointed under the same scheme and are continuing.