Patna High Court
Arun Kumar Thakur and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the Sahitya Alankar degree obtained before the specified cut‑off dates is deemed equivalent to a B.A., and the petitioners are entitled to consideration for promotion to Class III posts.
Summary
The petitioners, a group of Class IV court staff, sought a writ directing the State of Bihar to set aside an order that declared them ineligible for promotion to Class III posts because their Sahitya Alankar degree from Hindi Vidyapeeth, Deoghar was not recognized as equivalent to a B.A. They argued that earlier government communications and a Full Bench judgment had established such equivalence, and that the recognition could not be retrospectively withdrawn. The respondents contended that the matter was already settled by the Full Bench decision in Ramashankar Patel & Ors. v. State of Bihar & Ors. The High Court examined the Full Bench judgment, which held that the Sahitya Alankar qualification obtained before certain dates is deemed equivalent to a B.A. and that promotions granted under that equivalence are saved. Relying on that precedent, the Court disposed of the writ, directing the respondents to consider the petitioners for promotion in accordance with the Full Bench directions. The order thus affirmed the petitioners' entitlement to promotion based on the saved equivalence of their qualification.
Issues considered
- Whether the Sahitya Alankar degree is equivalent to a B.A. for purposes of promotion under the Bihar Civil Court Staff (Class III and Class IV) Rules, 2009.
- Whether a prior recognition of the degree can be retrospectively withdrawn without amendment of the Rules.
- Whether the petitioners are entitled to promotion under the saved notifications of 2016 and 2017.
- Whether the order dated 30.10.2013 denying promotion is arbitrary and illegal.
Subjects
- promotion
- equivalence of qualification
- Bihar Civil Court Staff Rules
- discrimination
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22796 of 2013
======================================================
1. Arun Kumar Thakur and Ors Son Of Late Ram Nandan Thakur Resident Of
Village And P.O. Athar, P.S. Musahari, District Muzaffarpur
2. Ranjeet Kumar Son Of Sri Krishnandan Sharma Resident Of Village Nima,
P.O. Nadma, P.S. Dhanarua, District Patna
3. Sunil Kumar Son Of Mr. Rishideo Singh Resident Of Village Dostnagar, P.S.
Maner, District Patna
4. Harendra Patel Son Of Shital Patel Resident Of Village And P.O. Hasanpur,
P.S. Mahnar, District Vaishali
5. Manish Kumar Son Of Late Bijendra Kumar Resident Of Village Bhalua,
P.O. Akauna, P.S. Masaurhi, District Patna
6. Hansraj Son Of Sri Alakhdeo Prasad Resident Of Mohalla Ashoknagar,
Road No. 1, P.O. Lohianagar, Kankarbagh, District Patna
7. Pawan Kumar Sinha Son Of Late Shyam Mohan Prasad Sinha Resident Of
Village Lakshminagar, P.O. Gogari, P.S. Gogari, District Khagaria
8. Sharma Giri Son Of Mr. Swaminath Giri Resident Of Village Dumaria, P.S.
Bagaha, District West Champaran
9. Rakesh Kumar Son Of Mr. Maheshwari Prasad Resident Of Village And
P.O. Basahi, P.S. Janta Bazar, District Chapra
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Personnel and
Administrative Reforms, Government of Bihar, Patna
2. Principal Secretary, Department of Personnel And Administrative Reforms,
Government Of Bihar, Patna
3. Registrar Admn, Patna High Court, Patna
4. District And Sessions Judge, West Champaran , Bettia Cum Chairman,
Appointment Committee, Civil Court, Bettia
5. Registrar, Judgeship of West Champaran, Bettia
... ... Respondent/s
Patna High Court CWJC No.22796 of 2013 dt.13-02-2026
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Appearance :
For the Petitioner/s : M/s Ajay Kumar Thakur
Vaishnavi Singh
Somali Acharya
Ritwik Thakur, Advocates
For the State : M/s Sita Ram Yadav, GP 16
Jitendra Kumar, AC to GP
For the Patna High : M/s Ashar Mustafa
Court Anita Kumari, Advocates
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 13-02-2026
1. The petitioners have filed the instant
application for the following reliefs:
“For issuance of an
appropriate Writ, order or direction for
setting aside the order dated
30.10.2013 passed by the Learned
District and Sessions Judge cum
Chairman, Appointment Committee,
Civil Court, Bettia by which he published
a notice saying that in the meeting
dated 14.10.2013 of appointment
Committee of Judgeship and in view of
Hon’ble Court letter no.9214/Ad. Misc.
dated 2.7.2013 and letter no. 12146/Ad.
Misc. dated 18.9.2013 the 14
candidates were not found eligible for
appearing in examination for promotion
from Class IV to Class III post in which
the name of the petitioners are included
as well as for setting aside the letter
dated 2nd July 2013 issued under the
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signature of Registrar (Admin) of the
High Court of Judicature at Patna by
which it was communicated to the
Learned District and Sessions Judge,
West Champaran at Bettiah that in view
of Rule 10 of Bihar Civil Court Staf
(Class III and Class IV) Rule, 2009 the
certificate of Sahitya Alankar awarded
by Hindi Vidyapeeth, Deoghar is not
recognized in respect of appointment of
Class III in Civil Court.”
2. The brief facts as culled out from the
Writ petition are that under the Bihar Civil Court
Staff (Class III and Class IV) Rules, 2009, framed
under Article 309 of the Constitution of India, 20%
of the vacant Class III posts are reserved for
promotion from eligible Class IV employees. As per
Rule 8, such promotion is to be made on the basis
of merit-cum-seniority from among Class IV
employees, possessing the minimum educational
qualification and having at least three years’
experience. Rule 10 prescribes that for
appointment to the posts of Clerk Grade III,
Stenographer Grade III and Typist Grade III, the
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minimum qualification is B.A./B.Sc./B.Com. or an
equivalent degree from a recognized University,
with additional weightage for knowledge of
computer applications.
3. It is the specific case of the
petitioners that each of them have obtained the
degree of Sahitya Alankar from Hindi Vidyapeeth,
Deoghar, with English as one of the subjects, after
obtaining due permission from the competent
controlling authority, namely the Learned District
and Sessions Judge. The petitioners passed the
said examination in different years between 1993
and 2008. According to them, the said qualification
was, at the relevant time, recognized as equivalent
to a Bachelor’s degree, subject to the condition
that English was one of the subjects.
4. The petitioners relied upon several
communications and decisions in support of their
claim of equivalence. They referred to memo No.
1593/633 dated 16.04.1994 issued under the
signature of the Registrar (Establishment) of this
Court stating that the degree of Sahitya Alankar
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would be treated as equivalent for appointment to
Class III posts in the subordinate judiciary. They
further relied upon letter No. 170 dated
20.02.2013 issued by the District Education
Officer, West Champaran and communications of
the Department of Personnel and Administrative
Reforms, Government of Bihar (including letters
dated 11.01.1991 and 29.07.2006), stating that
the degree of Sahitya Alankar awarded by Hindi
Vidyapeeth, Deoghar is equivalent to B.A.,
provided English was one of the subjects.
Reference has also been made to recognition
granted by the Education Council of India, Uttar
Pradesh, and certain Board Miscellaneous Rules of
the State Government treating the said degree as
equivalent to a Bachelor’s degree.
5. It has further been pleaded that in
the Judgeship of West Champaran, Bettiah, several
employees possessing the degree of Sahitya
Alankar had earlier been promoted from Class IV to
Class III posts, including promotions made in the
years 1993, 2002 and 2006. According to the
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petitioners, no promotion from Class IV to Class III
was made after 1999–2000, except a process
initiated in 2007 which was later cancelled. In the
year 2013, when applications were invited for
filling up 20% of the vacant Class III posts by way
of promotion, the petitioners applied, being
eligible in terms of educational qualification and
experience.
6. It is the grievance of the petitioners
that, although the District Education Officer,
Bettiah had opined that the degree of Sahitya
Alankar with English as a subject is equivalent to
B.A., the Learned District Judge sought clarification
from this Court. Thereafter, by letter No. 9214
dated 02.07.2013, the Registrar (Administration) of
this Court communicated that the certificate of
Sahitya Alankar awarded by Hindi Vidyapeeth,
Deoghar is not a recognized qualification for
appointment to Class III posts in Civil Courts. On
the basis of the said communication and a
subsequent letter dated 18.09.2013, the Learned
District Judge issued notice vide order dated
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30.10.2013 holding the petitioners are ineligible
and rejected their candidature.
7. The Learned counsel for the
petitioners submits that the impugned action is
arbitrary and illegal. It is contended that when the
petitioners acquired the qualification, the degree of
Sahitya Alankar was duly recognized as equivalent
to B.A., and therefore such recognition cannot be
withdrawn retrospectively, to their prejudice. It is
further submitted that similarly situated persons
were earlier promoted, on the basis of the same
qualification, and denial of similar consideration to
the petitioners amounts to discrimination.
8. It is also argued that the Bihar Civil
Court Staff (Class III and Class IV) Rules, 2009
require a Bachelor’s degree or an equivalent
degree from a recognized University, and in view of
the communications issued by the State authorities
recognizing Sahitya Alankar as equivalent to B.A.
(with English as a subject), the petitioners fulfill the
eligibility criteria under Rule 10. According to the
Learned counsel, the impugned letters of this Court
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have the effect of derecognizing a qualification
which was previously accepted and acted upon,
without any amendment of the statutory rules or
any notification issued by the State Government
withdrawing such equivalence.
9. On these grounds, it is submitted
that the impugned order dated 30.10.2013 and the
communication dated 02.07.2013 are liable to be
set aside, and the petitioners are entitled to be
considered for promotion to Class III posts in
accordance with law.
10. At this juncture, the Learned
counsel appearing for the respondents submits
that the issue involved in the present Writ petition,
namely whether the Sahitya Alankar degree is
equivalent to a B.A. degree, stands concluded by a
Full Bench judgment of this Court reported in
(2019) 3 PLJR 1291 (FB) (Ramashankar Patel
& Ors. vs. State of Bihar & Ors.). It is submitted
that the present matter may be disposed of in
terms of the observations and directions contained
in the said judgment.
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11. Heard Learned counsel for the
parties and perused the records.
12. This Court has also carefully gone
through the judgment rendered by the Full Bench
in Ramashankar Patel (supra). Paragraph 46 of
the said judgment reads as under:
“46. In terms of the
notification of the General Administration
Department as contained in Memo No. 541
dated 11th January, 1991 the
Sahityaalankar certificate had got
equivalence to the graduation at least
prior to 25.08.2008, therefore, those Writ
petitioners who obtained their
Sahityalankar degree from Hindi
Vidyapeeth, Deoghar prior to 25.08.2008
would come within the framework of the
notification dated 11th January, 1991 and
shall be entitled for consideration for
promotion to B.A. (Trained) Scale. By
virtue of the notification dated 08.04.2016,
the promotions granted between
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07.05.2012 and 08.04.2016 have been
saved. Further by notification dated
17.04.2017 now even the degree obtained
prior to 07.05.2012 and the
appointment/promotion granted between
07.05.2012 and 08.04.2016 have been
saved. In these circumstances the
petitioners no. 4, 7 and 15 shall also be
entitled for the benefits because in both
cases i.e. notification dated 08.04.2016
and notification dated 17.04.2017 the
State respondents cannot contend that
while the promotions granted to the
persons junior to the petitioners in the
gradation list between 07.05.2012 and
08.04.2016 shall be saved, the petitioners
would not be entitled for the same. This
would be discriminatory because once
equivalence granted to Sahityaalankar
degree obtained from Hindi Vidyapeeth,
Deoghar prior to 07.05.2012 is saved it will
save the petitioners who have their
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Sahityaalankar degree obtained prior to
07.05.2012. They would be entitled to
maintain their position in the seniority list
and in case juniors to them have been
granted promotion in terms of B.A.
(Trained) Scale, these petitioners shall also
be entitled for the same from the date
their juniors have received the benefit.”
13. After going through the aforesaid
Judgment, the Learned counsel for the petitioner
also submits that this matter may be disposed of in
light of the aforesaid judgment.
14. After going through the aforesaid
judgment, the Learned counsel for the petitioners
fairly submits that the present Writ petition may
also be disposed of in light of the principles laid
down by the Full Bench in Ramashankar Patel
(supra).
15. Having regard to the submissions
made on behalf of the parties and in view of the
authoritative pronouncement of the Full Bench of
this Court in Ramashankar Patel (supra), the
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present Writ petition is disposed of in terms of the
observations and directions contained therein.
16. The respondents are directed to
examine the case of the petitioners, in accordance
with law and to take a reasoned decision in the
light of the observations and directions contained
in the judgment of the Full Bench passed in
Ramashankar Patel (supra) within a period of
three months from the date of receipt/production
of a copy of this order.
17. Interlocutory Application, if any,
shall stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.02.2026
Transmission Date
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