Created by Fuzzy Cloud

Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the qualifications of petitioners 1, 2, 4, 5 and 6 are valid and must be recognized, while a fresh decision is to be taken regarding petitioner 3.

Summary

The petitioners, who were appointed as Exclusive Teachers after clearing the Bihar School Examination Board exam, challenged the refusal of the education authorities to recognize their graduation and post‑graduation degrees obtained from Vinayaka Mission Research Foundation, Salem, Tamil Nadu. They contended that the university was recognized by the University Grants Commission (UGC) during the period they studied, and that similar candidates had been granted benefits, alleging discrimination. The respondents argued that the degrees were earned through a distance mode not recognized by the UGC, and therefore could not be accepted. The Court examined the UGC recognition letters and found that the university had institutional and programme‑wise recognition for the relevant years, and that the petitioners’ subjects fell within the recognised programmes. Consequently, the Court directed that the qualifications of petitioners 1, 2, 4, 5 and 6 be treated as valid and that their seniority be counted from their merit positions, while ordering a fresh decision on petitioner 3’s case. The writ petition was disposed of accordingly.

Issues considered

  • Whether graduation and post‑graduation degrees obtained from Vinayaka Mission Research Foundation via distance education are recognised by the UGC for the period of study.
  • Whether the refusal to accept such qualifications violates the petitioners' right to equality and entitlement to promotion and seniority.
  • Whether the petitioners are entitled to seniority credit from the date of their merit position despite the initial denial of their qualifications.

Subjects

  • UGC recognition
  • distance education
  • degree validation
  • exclusive teacher appointment
  • seniority
  • equality
  • discrimination
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3228 of 2025
                 ======================================================
           1.     Rajeev Kumar S/o- Ram Kawal Chaudhary, R/o Moh- Gaurakshini, Road
                  No. 2B, P.S.- Sasaram, Dist- Rohtas.
           2.    Devendra Tiwary, S/o- Jayendra Tripathi, R/o Vill- Kusadhar, P.S.- Baghaila,
                 Dist- Rohtas.
           3.    Vijay Kumar Pandey, S/o- Kishori Prasad, R/o Moh- Basawan Path, Station
                 Road, Dalmianagar, P.S.- Dalmianagar, Dis- Rohtas.
           4.    Sudhir Kumar Rai, S/o- Kameshwar Rai, R/o Moh- Alamganj, P.S.-
                 Sasaram, Dist.- Rohtas.
           5.    Rina Kumari, W/o- Manoj Kumar Guput, R/o Vill- Bishanpura, P.S.- Akorhi
                 Gola, Dist- Rohtas.
           6.    Vibha Yadav, W/o- Saroj Kumar Singh, R/o Vill- Bhagatganj, P.S.- Dinara,
                 Dist- Rohtas.
           7.    Amaresh Kumar Singh, S/o- Sadabal Chaudhary, R/o Vill- Varmadih, P.S.-
                 Karakat (Gorari), Dist- Rohtas.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Education, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Education, Govt. of Bihar,
                 Patna.
           3.    The District Education Officer, Rohtas.
           4.    The District Programme Officer (Establishment), Rohtas.
           5.    The Secretary, Bihar School Examination Board, Patna.
           6.    Anwar Khan, S/o- not known, Block Teacher, UMS, Ramudih, P.S.- Rajpur,
                 Dist- Rohtas.
           7.    Sunita Devi, W/o- not known, Block Teacher, UMS, Rajpur, P.S.- Rajpur,
                 Dist- Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Brij Bihari Tiwary, Advocate
                 For the BSEB           :      Mr. Mithilesh Kr. Rai, Advocate
                 For the State          :      Mr. Md. Zeeshan Kalim, AC to SC (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   05-02-2026                    Heard learned Advocate for the respective parties.

                                 2. The petitioners who have been working as block

                   Teachers as well as Middle School Teachers, on being found
Patna High Court CWJC No.3228 of 2025(4) dt.05-02-2026
                                            2/5




          eligible, have applied for the post of Exclusive Teacher and

          accordingly, participated in the examination conducted by the

          Bihar School Examination Board, Patna. The petitioners having

          been declared successful for the post of Exclusive Teacher, they

          have been allowed to participate in the counseling and during the

          pendency of the writ petition, all the petitioners have been

          declared Exclusive Teachers.

                      3. Now, the grievance of the petitioner is only confined

          to the fact that despite having been declared as Exclusive Teacher

          and allowed to discharge their duty as the same, the respondents

          authorities have not accepted their qualification of Graduation as

          well as Post-Graduation, acquired from Vinayaka Mission

          Research Foundation, Salem, Tamilnadu.

                      4. Learned Advocate for the petitioners submitted that

          the University in question is duly recognized by the University

          Grants Commission from 2007 till 2013-14, during the period in

          which the petitioners have completed the Graduation and Post-

          Graduation. Nonetheless, the petitioners have been denied the

          benefit of the aforenoted qualification and thus serious

          impediment is being caused to the petitioners to get further

          promotion in absence of recognition of their qualification

          acquired from the University in question. It is further contended

          that other persons who have been also qualified as an Exclusive
Patna High Court CWJC No.3228 of 2025(4) dt.05-02-2026
                                            3/5




          Teachers      and      having      also        acquired    qualification   of

          Graduation/Post-Graduation              from      the     same    institution,

          surprisingly, they have been given all the benefits, by treating

          their qualification to be recognized. But in case of petitioners,

          discrimination has been caused.

                      5. A counter-affidavit has been filed on behalf of the

          respondent no. 4, referring to the averments made therein, it is

          submitted that during the course of verification of the documents,

          it was found that the petitioners have passed Graduation and

          Post-Graduation from Vinayaka Mission Research Foundation,

          Salem, Tamilnadu, through distance course which is not

          recognized by the U.G.C. Therefore, the respondent authorities

          denied to conduct the counseling. However, during the pendency

          of the writ petition, they have been allowed to participate in

          counseling and now have been appointed as Exclusive Teacher;

          since their certificates obtained from the said University is found

          to be not valid therefore, no benefits of such qualifications have

          been extended to the petitioners. The respondents authorities

          have also brought on record, the list of the Institutions which

          have given recognition by the UGC and the name of the said

          Institutions falls at serial no. 174.

                      6. Bare perusal of the said letter as also the list of the

          Institution there is no indubity that the Universtity namely
Patna High Court CWJC No.3228 of 2025(4) dt.05-02-2026
                                            4/5




          Vinayaka Mission Research Foundation, Salem, Tamilnadu is

          treated to be deemed University and it has got institutional

          recognition for the period 2007 till 2012. Further, programme

          wise recognition has also been granted from 2011-2012 to 2013-

          2014. The petitioners before this Court have admittedly pursued

          and completed their Graduation and Post-Graduation in between

          session of 2011-12 to 2013-14, except petitioner no. 3, who has

          passed his M.A. (History) in the year 2009.

                      7. Having gone through the aforenoted letter which is

          brought by the State-respondent, there is no difficulty to

          comprehend that so far as the petitioner nos. 1, 2, 4, 5 and 6 are

          concerned they have valid               qualification of Graduation/Post-

          Graduation       as   they     have     passed   their   examination   of

          Graduation/Post-Graduation within the period in which the

          University was duly recognized and the subject through which

          they have passed in examination finds place in the said letter as

          recognized programme. Accordingly, this Court direct to the

          concerned authorities to consider the qualification of the

          petitioner nos.1, 2, 4, 5 and 6, obtained from the University in

          question as valid degree. So far as the petitioner no. 3 is

          concerned, since, he has passed his examination in the year 2009,

          though even for the said period, the University has institutional

          recognition. Hence, a fresh decision is required to be taken by
            Patna High Court CWJC No.3228 of 2025(4) dt.05-02-2026
                                                        5/5




                      the District Programme Officer, Rohtas at Sasaram.

                                    8. It is expected that the decision with respect to

                      petitioner no. 3 must be taken, preferably, within a period of

                      eight weeks from the date of receipt production of the copy of

                      this order.

                                    9. It is made clear that since because of no fault of the

                      petitioners they have been belatedly allowed to appear in

                      counseling by treating their certificate as doubtful, hence, for that

                      the petitioners especially petitioner nos. 1, 2, 4,5 and 6 could not

                      be made to suffer; in the opinion of this Court their seniority

                      shall be counted with effect from their respective merit position.

                      For resolving such dispute the District Programme Officer,

                      Rohtas at Sasaram, shall also take decision with respect to the

                      seniority of the petitioners with the person who have been

                      allowed to appear in the counseling.

                                    10. The writ petition stands disposed of, accordingly.


                                                              (Harish Kumar, J)

khushbu/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.