JUDGMENT :

Amreshwar Pratap Sahi, J.

The appellant in the present case is seeking to challenge the judgment dated 20.09.2018 passed by the learned Writ Court in Civil Writ Jurisdiction Case No. 2417 of 2016.

2. By the impugned judgment the learned Single Judge has refused to interfere with the order as contained in Memo No. 2406 dated 29.07.2013 issued by the District & Sessions Judge, Darbhanga terminating the services of the petitioner-appellant on the post of Clerk in the establishment of the Civil Court, Darbhanga. It appears that the petitioner-appellant is holding a qualification/citation of 'Sahityaalankar'-Hindi Vidyapeeth, Deoghar and is claiming the same as equivalent to a Bachelor degree from a recognized university.

3. In the writ application the petitioner claimed that pursuant to the advertisement (Annexure 4' to the writ application), he applied for the post of Clerk, the office of the District & Sessions Judge, Patna (respondent no. 2) issued the Admit Cards and as the petitioner came out successful in the written examination, he was called for interview and finally selected vide communication as contained in Memo No. 737/Conv. dated 05.12.2012 issued under the signature of the respondent no. 2 (Annexure 7' to the writ application). He was accordingly issued the appointment letter.

4. While the petitioner was working as a Clerk for about 8 months, after his appointment, he was served with a termination letter intimating him that his service has been terminated with immediate effect for the reason that he was appointed on the basis of a degree/citation of 'Sahityalankar' from Hindi Vidyapeeth, Deoghar. The petitioner submitted in his writ application that the impugned order has been passed without complying with the principles of natural justice and the order of termination is fit to be set aside on this ground alone.

5. In response to the writ application, the respondents no. 3' and 4' filed a counter affidavit in which they took a categorical stand in paragraph 8' that the Hon'ble High Court vide its Memo No. 9215-47-A.D. (Misc) dated 02.07.2013 communicated its decision after considering Rule 10 of the Bihar Civil Court Staff (Class III & IV) Rules, 2009 (hereinafter referred to as the 'Rule sof 2009'). The High Court's view is reflected in its letter dated 2nd July, 2013 as contained in Annexure 'D' to the counter affidavit saying that "the certificate of "Sahityalankar" awarded by the Hindi Vidyapeeth, Deoghar is not a recognized qualification in respect of the appointment to Class III posts in the Civil Courts". The stand of respondents no. 2' and 3' is that in the backdrop of above communication the impugned order has been passed.

6. It further appears that during the pendency of the writ application the General Administrative Department, Government of Bihar came out with notification dated 08.04.2016 to give effect to the judgment of the learned Single Judge of this Court rendered on 07.05.2012 in the case of Reeta Srivastava Vs. The State of Bihar & Ors., (2012) 3 PLJR 353 wherein a view has been taken that 'Sahityalankar' citation/degree cannot be treated as equivalent to graduation from a recognized university. Prior to the judgment in the case of Reeta Srivastava (supra), the State of Bihar had recognized 'Sahityalankar' as a degree equivalent to graduation but the Human Resources Development Department, Government of Bihar had, for purpose of appointment of the Teachers in Elementary/Middle/Higher Secondary Schools, came out with a Memo No. 3152 dated 25.08.2008 and 1346 dated 27.08.2008 by which the 'Sahityalankar' degree had been declared invalid for purpose of appointment of teachers. The Notification No. 541 dated 11th January, 1991, however, continued to exist which was cancelled vide Notification dated 08.04.2016 in the light of the judgment of the this Court in the case of Reeta Srivastava (supra) but the said notification saved appointments/promotions made/granted prior to 07.05.2012 i.e. the date