PAWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application, the petitioners seek quashing of letters dated 24.9.2014, as contained in Annexure 13 Series, whereby and whereunder the petitioners' joining was refused with retrospective date on the ground that they completed their courses from Distance Education. The petitioners further pray for a direction to the respondents to reinstate them on the post on which they were working before the issuance of the aforesaid letters dated 24.9.2014. A further writ/order/direction has also been sought, commanding the respondents to pay to the petitioners their salary and other consequential benefits from the date of termination from service till the date of reinstatement on the post on which they were working after following the due selection process. They have also prayed for payment of arrears of salary for the working period of eight months i.e., from the date of their joining till the date of their termination.

(2.) The present writ petitioners were appointed after having followed the due process of selection on the post of Lab. Technician (MLT), for which the educational qualifications had been fixed as Intermediate Science/10+2 or equivalent and a pass in Diploma in MLT from a Government recognized institution. The said fact is evident from the advertisement, vide Memo dated 7.2.2008.

(3.) Petitioner Nos.1 to 3, namely, Pawan Kumar, Pradeep Kumar and Awadhesh Prasad Das, respectively, have passed Intermediate Science from Bihar School Examination Board in different years. Petitioner Nos.1 and 3 are in possession of a pass Lab. Technician Courses (BMLT) from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed University) (referred henceforth as "JRNR, Vidyapeeth") whereas Petitioner No.2 has obtained the Lab Technician Course degree from Allahabad Agriculture Institute (now known as "Sam Higgingbottom Institute of Agriculture, Technology & Science"), referred as "AAU" (Deemed University). The said degrees were obtained by the petitioners from Distance Education and both the Universities are recognized by the UGC as well as from the Department of Higher Education, Ministry of Human Resources Development, Government of India, and are also approved from Distance Education Council, New Delhi.