The letter dated 27.07.2007 was subject matter of challenge in Writ Petition No.
The respondents possessed the degree of Sahityaalankar awarded by Deoghar Vidyapeeth.
Mr. Gopal Singh, learned companynsel for the appellants submitted that State of Bihar has issued order dated 27.08.2008 companytaining list of twenty eight institutions which were number recognized under the recruitment rules.
The said advertisement specifically referred to Recruitment Rules 2006 although the qualification or eligibility criteria was number specifically mentioned.
An advertisement bearing No.11/employment1 13/91 Part II 1337 dated 25.08.2008 was issued by Government of Bihar, Human Resources and Development Department for appointment to the post of Librarian and Teacher in different schools under Zila Parishad and Nagar Nikaya in the State of Bihar.
Brief facts giving rise to these appeals are as under State of Bihar framed Bihar District Council, Secondary Higher Secondary Teacher Employment Service Conditions Manual 2006 under Article 243G and Section 73 read with Section 146 of Bihar State Panchayat Raj Act, 2006.
5129/2009 and 18039/2009 filed by the respondents herein and directing the appellant State of Bihar to redo the entire selection process for the post of Librarian companysidering the case of the respondents also and further restraining the State from issuing appointment letters to other selected candidates.
The State Government issued a letter dated 27.07.2007 clarifying the stand of the State regarding the degree of Sahityaalankar awarded by Vidyapeeth Deoghar is number equivalent to degree of graduation for the purpose of appointment under Bihar Education District Council, Secondary and Higher Secondary Teachers Employment Services Rules 2006.
The Department issued another Order No.11/M 44/2008 1968 Annexure P/5 on 25.11.2008 declaring that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth is number valid for employment.
Aggrieved by the same, State of Bihar has filed these appeals assailing the impugned order.
Pursuant to the said advertisement, respondents applied for the post of Librarian.
The Patna High Court vide impugned order dated 17.11.2009 allowed the writ petitions filed by the respondents directing the State of Bihar to redo the entire selection process as above mentioned.
11/Ma.1 01/2008 on 27.08.2008 companytaining exhaustive list of twenty eight companyleges universities degrees that were number then recognized by the Government of Bihar for the purpose of the Recruitment Rules 2006 and the advertisement dated 25.08.2008 and those degrees were number valid for employment of teachers.
Rule 4 k vii a of the said Rules was amended in 2008.
15237/07 titled Pramod Paswan vs. State of Bihar and in the said Writ Petition, the State was directed to take a fresh decision on the same.
The State Government examined the matter and vide Memo No.
The said amendment prescribes an essential qualification for appointments of teachers and librarians in the schools and also regulating appointments.
Respondents herein applied for the posts of Librarian.
As per amended Rule 4 for appointment as teachers librarians, the candidates must possess the graduation degree from any recognized university with minimum 45 marks.
On 13.12.2008, the Government of Bihar, Human Resources Development Department, issued letter No.11/Na.1 9/2008 2053 wherein interalia it was specifically mentioned that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth cannot be attached to merit list of candidates.
After the advertisement was issued, the Department issued order No.
Challenging the validity, legality and companyrectness of the amendment of Rule 4 k vii a of the Recruitment Rules 2006 as amended in 2008, respondents filed two writ petitions bearing Nos.5129/2009 and 18039/2009.
11/M 44/2008 1968 dated 25.11.2008, it was declared that the degree of Sahityaalankar awarded by Deoghar Vidyapeeth is number valid for employment.
BANUMATHI, J. These appeals have been filed challenging the companymon impugned order dated 17.11.2009 passed by the Patna High Court allowing the writ petitions in CWJC Nos.
