SUBHASH CHANDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application seeking quashing of the order dated 27.7.2007 passed by the Director, Secondary Education, Government of Bihar whereby the petitioner's qualification of Sahityalankar degree acquired by him from Hindi Vidyapith, Deoghar has not been recognized and has not been treated as equivalent to Graduation degree. In support of his submission that Sahityalankar degree acquired by the petitioner from Hindi Vidyapith, Deoghar is equivalent to Graduation degree, learned counsel for the petitioner relied upon a Division Bench judgment of this Court in case of Sanjay Kumar vs. State of Bihar, 2009 4 PLJR 1038. He has also placed reliance upon another judgment of this Court dated 1.4.2010 passed in C.W.J.C. No. 17042 of 2009 to contend that the said degree is recognized as equivalent to graduation degree.

(2.) A supplementary counter affidavit on behalf of the State Respondents has been filed bringing on record a judgment of this Court passed in C.W.J.C. No. 13343 of 2011 Reeta Srivastava vs. State of Bihar and Others, 2012 3 PLJR 353 dated 7.5.2012 wherein this Court held in paragraphs No. 27 and 28 as follows:--

(3.) Learned counsel appearing on behalf of the petitioner has attempted to persuade me that by earlier Division Bench judgment of this Court in case of Sanjay Kumar and Ors. vs. State of Bihar, this Court saved the vires of the provision under Rule 4(Ka)(ii) of the said Rules by reading it down to the effect that Sahityalankar degree was to be treated as equivalent to Graduation degree and, therefore, said judgment is a binding precedent.