A Sahityalankar degree is not equivalent to graduation, and holders cannot claim promotion rights based on it, as per the court's ruling.

JUDGMENT :

(Anshuman, J.)

Heard the learned counsel for the petitioners and learned counsel for Bihar State Power Holding Company Ltd.

2. The present writ petition has been filed by the petitioners for the following reliefs :-

“(i) For setting aside the order contained in urgent notice issued /passed by the Officer on Special Duty (HR & Admin.), Bihar State Power Holding Company Limited, Patna where under and whereby candidature of petitioners under Employment Notice No.02/2014 (Internal) has been rejected holding them disqualified for the same in the light of resolutions issued by General Administration Department, Government of Bihar, Patna.

(ii) Further for a direction upon the respondents to declare their results and grant them promotion to the post of Correspondence Clerk along with all consequential benefits with effect from the date when similarly situated persons have been appointed on the said post.

(iii) Further for quashing of order contained in Memo no.389 dated 29.03.18 whereby and whereunder promotion of employees who obtained Sahityalankar degree before 07.05.12 has been held as valid in complete breach of general instructions issued by the General Administration department contained in Memo no.10878 dated 24.08.17 and fresh appointment by way of promotion has been totally banned.

(iv) For any other relief/relief to which petitioner is entitled in the facts and circumstances of the present case.

3. Learned counsel for the petitioners submits that petitioner No.1 and 2 were appointed as Messenger on compassionate ground vide Memo No. 2475 dated 25.06.2003 and Memo No. 766 dated 24.02.2003 respectively by the General Manager-cum-Chief Engineer, PESU on Class-IV post and they joined on 26.06.2003 and 25.02.2003 respectively and presently working in PESU area. Learned counsel submits that during service period, the petitioners were obtained the degree of Sahityalankar taking due permission from their employers. Learned counsel for the petitioners further submits that the Bihar State Power Holding Company Ltd. has published and invited an application vide employment Notice No.2 of 2014 for the eligible candidates employees working on Class-IV post in its regular establishment and in regular establishment of its subsidiary companies for various posts including the post of Correspondence Clerk, for which the qualifications was fixed as graduation from recognized university/institution. Learned counsel submits that the petitioners have obtained the degree of graduation which is equivalent to Sahityalankar from Hindi Vidhyapeeth, Deoghar prior to 2012 and there was no bar made in the said advertisement and the said degree was fully recognized. Learned counsel further submits that the examination took place in compliance of Advertisement No.2 of 2014. Petitioners participated in the examination process but could not succeed in first attempt. No fresh advertisement has come and later on re-examination was notified for unfulfilled 54 post of Correspondence Clerk on 10.03.2016, in which the petitioners participated. They declared pass but were not provided marksheet despite their repeated demands. Instead of publication of result, respondents have cancelled the candidature of petitioners on the basis of Resolution No.5267 dated 08.04.2016 and Resolution No.10878 of 24.08.2017 issued by General Administrative Department, Govt. of Bihar without giving the petitioners any individual notice or hearing. Learned counsel for the petitioners next submits that as per the General Administrative Department Resolution which has been published in compliance of order passed in C.W.J.C. No. 13343 of 2011, the State Government decided not to treat certificate of Sahityalankar of Hindi Vidhyapeeth as valid, since, after 07.05.2012, but prior to that date, the degree is still valid. Learned counsel further submits that admittedly, the petitioners have obtained the said degree of Sahityalankar prior to 07.05.2012. Therefore, their degrees were valid