The main legal point established in the judgment is that the Sahityalankar degree is not equivalent to a graduation degree, and the recognition given by the State is limited to qualifying Hindi examinations and drawing service-related advantages, not for appointment or promotion based on eligibility criteria.

The bunch of writ applications, which have been taken up together for disposal, arise from same bundle of facts and a common question of law raised through the common thread of arguments made at the bar on behalf of the petitioners. The question for consideration by the Court is whether the petitioners who are all Assistant Teachers, are eligible for promotion to Subordinate Education Service from Lower Subordinate Education Service, on the basis of having acquired the qualification of Sahityalankar, which is said to be equivalent to graduation, from an institution known as Hindi Vidyapith, Deoghar. The question which this Court will have to answer is whether the so-called rigidity of the stand of the State that the degree of Sahityalankar is not equivalent to graduation for every purpose is a valid stand or do these petitioners get a right to be promoted on the basis of such a qualification to the Subordinate Education Cadre.

2. Petitioners have been appointed as School teachers initially on matric trained scale on the basis of having matriculation as a minimum qualification for such appointment. These petitioners are treated as part of the lower subordinate education service and have worked over the years. Majority of these appointments have been made in the decade of 80’s and now they claim to be eligible for promotion to the next higher cadre of Subordinate Education Service. For promotion to the Subordinate Education Service the minimum educational qualification required is graduation. People having graduation degree have been included in the seniority list, which will make them eligible for promotion to Subordinate Education Service but those having Sahityalankar’s degree from Deoghar Hindi Vidyapith are being discriminated, as alleged, by the petitioners. According to them, the State has recognized the degree of Sahitya Alankar to be equivalent to graduation. The basis on which the seniority list or gradation list has been initiated and worked out is a letter issued at the level of the Director, Primary Education, Government of Bihar, contained in Anneuxre-1. It is only when petitioners discovered that their names are not figuring in the list that they have decided to approach the High Court for a judicial direction with regard to their right for such promotion.

3. The Bihar Education Code deals with the issue of service conditions and otherwise of teachers working under the State of Bihar. Relevant provision in this regard is Articles 358 and 359 which are reproduced herein below:-

358. Recognition of certificates from National Universities – Examinations conducted by National Universities enumerated in the following table should be treated as equivalent to the degrees granted by a recognized University mentioned opposite each in column III and that candidates who have passed any of examinations mentioned in column I up to the end of the year 1965 or year mentioned against their names should be tested as eligible for appointment to a post or service under Government (except to a post of teacher. In case of teachers valid for promotion only) for which success at any of the corresponding examination of a recognized University is laid down as qualification for appointment to that post or service:-

TABLE - 1

Sl.No. Name of Institution Name of Exam Equivalence Remarks

(1) (2) (3) (4) (5)

1. Gurukul Kanjri (a) Adhikari Secondary/Matric

Haridwar Viswavid- S. Exam

yalaya

(b) Vidyavinit Intermediate

(c) Vidyalanakar B.A.

and Vedalankar

(d)Vidyavachaspati M.A.

2. Hindi (a) Prathama S.S. Exam. or

Vishwavidyalaya, Matric

Allahabad (b) Madhyama Intermediate Provided that the

candidate has

passed equivalent

English Exam.

From a

University / or

Board

3. Prayag Mahila (a) Vinodini S.S. Exam or -do-

Vidyapith Allahabad Matriculation

(b) Vidushi Intermediate

4. Gujarat Vidyapith, Veneet S.S. Exam or do-

Ahmadabad Matriculation Knowledge of

writing in

Devanagri script

is a must.

TABLE - 2

Equivalent for Hindi only

Sl