Bihar Librarian Recruitment Case: Supreme Court Orders Fresh Consideration of Invalid Degree Dispute

The case of State of Bihar & Ors. v. Sanjay Kumar & Ors. is a crucial ruling addressing the validity of degrees for government employment in Bihar. The Supreme Court set aside the Patna High Court’s order directing the Bihar government to redo the entire selection process for the post of Librarian. The judgment emphasized the importance of recognized qualifications and the role of government regulations in employment eligibility.

Background of the Case

The case arose from the recruitment process for teachers and librarians in Bihar under the Bihar District Council, Secondary & Higher Secondary Teacher (Employment & Service Conditions) Manual, 2006. The state government had prescribed an essential qualification for appointment, requiring candidates to possess a graduation degree from a recognized university with at least 45% marks.

The government issued an advertisement on August 25, 2008, inviting applications for the post of Librarian. However, subsequent government orders clarified that certain degrees, including the Sahityaalankar degree from Hindi Vidyapeeth Deoghar, were not valid for employment purposes.

Dispute Over Degree Validity

The respondents, Sanjay Kumar and Azad Kumar Singh, applied for the post of Librarian, holding a Sahityaalankar degree from Deoghar Vidyapeeth. When their applications were rejected based on the non-recognition of their degree, they challenged the decision in the Patna High Court, arguing that the rejection was arbitrary and violated Articles 14 and 16 of the Constitution.

High Court’s Decision

In CWJC Nos. 5129/2009 and 18039/2009, the Patna High Court ruled in favor of the petitioners, directing the Bihar government to:

• Redo the entire selection process for the post of Librarian.
• Consider the applications of the petitioners.
• Restrict the state from issuing appointment letters to other candidates until the process was completed.

Appeal Before the Supreme Court

The Bihar government challenged the High Court’s order before the Supreme Court, arguing that:

• The Sahityaalankar degree was never recognized as equivalent to graduation.
• The order dated November 25, 2008, explicitly declared that the degree was not valid for employment.
• The state had issued multiple clarifications, reinforcing that the qualification was not acceptable under recruitment rules.
• The High Court overlooked previous rulings rejecting the equivalence of Sahityaalankar degrees.

Respondents’ Arguments

The respondents contended that:

• The degree made them eligible for competitive exams conducted by the Bihar Public Service Commission (BPSC).
• Rejecting the degree for teacher and librarian recruitment violated their fundamental rights.
• Other candidates with similar qualifications were permitted to apply in different states.

Supreme Court’s Analysis and Judgment

1. State’s Power to Recognize Qualifications

The Court ruled:

“The State has the authority to determine the eligibility of candidates for public employment, provided it follows due process and does not act arbitrarily.”

2. Prior Clarifications on Sahityaalankar Degree

The Supreme Court referred to:

• The order dated November 25, 2008, which explicitly invalidated the Sahityaalankar degree for employment.
• The press note dated May 5, 1988, issued by the Central Government, clarifying that the degree was not equivalent to a regular graduation degree.
• The previous High Court judgment in CWJC No. 13343/2011, which rejected the claim that the degree was equivalent to a graduation degree.

The Court noted:

“The respondents failed to provide substantial evidence proving the equivalence of the Sahityaalankar degree with a recognized graduation degree.”

3. Need for Fresh Consideration

While setting aside the High Court’s ruling, the Supreme Court remitted the matter back for reconsideration, stating:

“In the interest of justice, we direct the High Court to reconsider the issue afresh after allowing both parties to present additional documents and arguments.”

Final Judgment

The Supreme Court ruled:

• The Patna High Court’s order was set aside.
• The case was remitted back for fresh consideration.
• The parties were granted the liberty to file additional documents.
• The High Court was directed to dispose of the case expeditiously.

Key Takeaways

• The state government has the authority to recognize or de-recognize degrees for employment purposes.
• A degree’s recognition in one state does not automatically make it valid in another.
• The judiciary can direct fresh consideration when a dispute involves the interpretation of state policies.
• The burden of proof lies with the candidate to establish the equivalence of a disputed degree.

Conclusion

The judgment in State of Bihar v. Sanjay Kumar & Ors. reinforces the importance of clear eligibility criteria in public employment. The Supreme Court’s decision ensures that recruitment processes are conducted based on valid qualifications while granting the respondents an opportunity for fresh consideration.

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