RAMASHANKAR PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal questions the correctness of the judgement of the learned Single Judge dated 17th of June, 2013 whereby the appellant's writ petition along with one Arun Kumar was dismissed. The present appeal has been filed by only Ashok Kumar and, therefore, it is confined only to the relief as prayed for by the present appellant.

(2.) The petition preferred by the appellant prays for treating his qualification of degree of Sahitya Alankar from Deoghar Vidyapith equivalent to Graduation whereby the appellant would be entitled to a promotional pay-scale. The petition was only for issuance of a mandamus, but instead of sending the matter to the concerned authority for its appreciation in the light of the Rules applicable, the learned Single Judge proceeded to decide the writ petition primarily on the ground that the degree of Sahitya Alankar as possessed by the appellant cannot be recognized as equivalent for the reasons stated in the impugned judgement.

(3.) Learned counsel for the appellant has invited the attention of the Court to the Division Bench judgement in the case of Sanjay Kumar v. State of Bihar, reported in 2019 (4) B.L.J. 789 to urge that the said degree has been treated to be equivalent on the terms and conditions as indicated therein.