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2012 Supreme(Pat) 691

AJAY KUMAR TRIPATHI
Reeta Srivastava W/o Anil Kumar Srivastava – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ms/ Tej Bahadur Singh, Brisketu Sharan Pandey (in 13343); Mr. Vinay Ranjan (16003); Mr. Brisketu Sharan Pandey (in 13925, 14802, 13638); Mr. Gyan Shankar (in 14488); Mr. Ranjan Kumar Jha (in 14448); Mr. Ajay Kumar Sharma (in 14710); Mr. Mukesh Kumar Singh (in 16252); Mr. Rajeev Kumar (in 15667); Mr. Binod Kumar (in 18942); Mr. Dhananjay Kumar No. 2 (in 16368, 16727); Mr. Ashok Kumar (in 21687)
For the Respondents: Mr. Ashok Kr. Choudhary (in 13343, 14448); Mr. Shashank Shekhar Jha (in 1603); Mr. Prasoon Sinha (in 13925); Mr. P.N. Sahi (in 14488, 16252); Mr. Prashant Pratap (in 14710); Mr. S.S. Shabbar Hussain (in 15667); Mr. Rajeev Kr. Singh (in 13638); Mr. Sanjay Kr. No. 2 (18942); Mr. Jawahar Pd. Karn (in 16368); Mr. M.D. Dwivedi (in 16727); Mr. Kumar Sachin (in 21687).
For the interveners: M/s Dilip Kumar Tiwari, K.K. Tiwari (in 13343).

ORDER

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













































































































































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