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PATNA HIGH COURT
J.B.Koshy and Ravi Ranjan JJ.
State Of Bihar
Versus
Poonam Sharma
Letters Patent Appeal No. 297 of 2009
Decided On : April 22, 2009
Recognised Degree - Termination of Services - The court held that the degree obtained from the Hindi Sahitya Sammelan was recognised up to a certain date, and as the petitioners obtained their degrees before the expiry of the recognition period, the termination of their services was deemed illegal.
Fact of the Case:
The writ petitioners were appointed as Nagar Shikshak but their services were terminated on the grounds of their degree not being recognized for qualification.
Finding of the Court:
The court found that the degree was recognized until a specific date and as the petitioners obtained their degrees before the expiry of the recognition period, the termination of their services was deemed illegal.
Issues: The issue was the termination of the petitioners' services based on the recognition of their degree for qualification.
Ratio Decidendi: The court's decision was influenced by the recognition of the degree up to a certain date and the timing of the petitioners' degree acquisition.
Final Decision: The Letters Patent Appeal was dismissed in favor of the petitioners.
1. Heard learned counsel for the parties.
2. The writ petitioners were appointed on the posts of Nagar Shikshak. But, later the services of the petitioners were terminated on the ground that Prathama degree obtained from the Hindi Sahitya Sammelan (Hindi University), Allahabad, is not a recognised degree for the purpose of qualification.
3. The learned Single Judge of this Court held that the aforesaid degree was recognised up to 31.12.1987 on the basis of Annexure-2 attached to the writ petition. There is no challenge yet to this. Admittedly, the writ petitioners got degrees in 1987 much before expiry of the recognition of the period, as referred to above, therefore, the order of termination of the services of the writ petitioners is illegal.
4. We agree with the reasoning of the learned Single Judge.
5. In the facts and circumstances of the case, this Letters Patent Appeal is dismissed.
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