IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20176 of 2011

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SURESH KUMAR, S/O Late Bishwa Nath Prasad, Resident of Mohalla- Text

Book Colony, 2A/27, Indrapuri, P.O- Kashari Nagar, P.S- Patliputra, District-

Patna.

... ... Petitioner

Versus

1.

The State of Bihar

2.

The Managing Director, Bihar State Text Book, Publishing Corporation Ltd.,

Budh Marg, Patna.

3.

The Secretary, Bihar State Text Book Publishing Corporation Ltd., Budh

Marg, Patna.

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr.Dhaneshwar Pd. Gupta, Advocate

For the Respondent/s

:

Mr.Gyan Prakash Ojha, G.A.-7

Ms. Sangh Mitra Ghosh, A.C.to G.A.-7

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

8

14-02-2023

Heard learned counsel for the petitioner and Mr.

Gyan Prakash Ojha, learned counsel for Bihar State Text Book

Publishing Corporation Ltd.

Petitioner in the present case is seeking a direction to

the respondent authorities to promote him on the post of

Personnel Manager in the Bihar State Text Book Corporation

Ltd., Patna.

Learned counsel for the petitioner submits that the

petitioner was appointed on the post of Operative in third grade

whereafter he was transferred to the computer cell. It is his case

that he obtained Post Graduate Diploma in personnel

Patna High Court CWJC No.20176 of 2011(8) dt.14-02-2023

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management and industrial relations through a correspondence

course from Annamalai University in the year 2009.

Learned counsel for the petitioner submits that the

petitioner had applied for his promotion to the post of Manager,

personnel and administration, but his application was rejected

on the ground that he did not possess the eligibility

qualification. Learned counsel submits that for the post of

Manager, personnel and administration the applicant was

required to have a degree and according to him the Post

Graduate Diploma possessed by him was equivalent to a degree

but it was not considered by the Corporation. Learned counsel

submits that the petitioner has, however, retired from service on

31.01.2014.

On the other hand, learned counsel for the

Corporation submits that the petitioner is seeking equivalence of

his Post Graduate Diploma as that of degree without

appreciating that such issue of equivalence is in the domain of

the employer. So far as the Corporation is concerned, the

Corporation had never decided to treat Post Graduate Diploma

as equivalent to degree for purpose of appointment on the post

of Manager, Personnel and Administration.

This Court finds substance in the submissions of the

Patna High Court CWJC No.20176 of 2011(8) dt.14-02-2023

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learned counsel for the Corporation. The petitioner has already

retired from service in the year 2014 and at this stage nothing

survives for him in this writ application.

This writ application is dismissed.

vats/Rajeev

(Rajeev Ranjan Prasad, J)

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