Tej Narayan Pathak vs State Of Bihar

Heard learned counsel for the petitioner, learned counsel for the State Health Society and learned counsel for the State.

Learned counsel for the petitioner submits that the present writ petition has been filed for quashing the order dated 04.11.2019 passed by the Principal Secretary-cum-Chief Executive Officer, State Health Society, Government of Bihar, Patna, and also for quashing the order dated 09.12.2016 (Annexure-4) passed by respondent No.5 contained in letter dated 30.05.2015 (Annexure-2) through which the petitioner’s services were terminated.

Learned counsel for the petitioner submits that the petitioner was appointed as Physiotherapist on 17.07.2014 at Sadar Hospital Campus, Bhabua, Kaimur, following the interview in the light of the advertisement. Counsel submits that his services were terminated on 30.05.2015. Thereafter, petitioner moved before this Hon’ble Court in CWJC No.9505 of 2015 which was disposed off on 09.02.2016 directing the petitioner to file representation and the authority was directed to dispose of the representation within one month. The petitioner has filed representation and his representation was entertained and was rejected. Thereafter, petitioner moved another writ petition bearing CWJC No.2958 of 2017 which was disposed off vide order dated 18.07.2018 with a direction to the petitioner to file appropriate appeal before the Executive Director, State Health Society, Patna. Thereafter, the petitioner had preferred appeal and this appeal was decided on 04.11.2019 in which claim of the petitioner was again rejected and thereafter petitioner preferred this writ petition before this Court. He primarily raised two points for consideration. Firstly, that the petitioner has passed the examination of Bachelor in Physiotherapy (Diploma) from a Deemed University situated in Allahabad, but his case was not considered whereas other aggrieved persons who preferred writ petition before this Court and after direction of this Court the case of other candidate, namely, Randhir Kumar Singh has been considered and matter was decided in his favour. The second point on which the petitioner has given emphasis in the present writ petition that the petitioner has P.G. Degree also and this aspect has not been taken into consideration. Counsel also relied on a letter, which is Annexure-P/4 of the University, in which it was said that it is a valid degree. In addition to that another candidate Vandana Kumari whose degree was also of Allahabad University was treated as valid whereas the degree of petitioner was not treated as valid and his claim was rejected.

In addition to that counsel also submits that in case of Vandana Kumari, the Principal Secretary, Health Department, Government of Bihar, has taken decision that the degree of Allahabad Agriculture University is duly recognized from the Directorate of Distance Education, Allahabad Agriculture University till 2007 and on this ground the degree of Vandana Kumari was treated as valid. Counsel for the State Health Society submits that from the documents provided by the petitioner before the appellate authority it became crystal clear that the petitioner has completed his course between 2005-2007 and prior to 2005 the degree was recognized and after 2007 onward also the degree was recognized. Therefore, the appellate authority has passed order completely in accordance in law.

Upon hearing the parties and going through the documents, it transpires to this Court that the petitioner has annexed a rejoinder in which he has annexed Annexure-P/1, i.e., order of Principal Secretary, Health Department, Government of Bihar, Patna, dated 15.11.2018 contained in Memo No.1118(11) dated 15.11.2018 whose paragraph Nos.5 and 6 are very relevant which are as follows:

By which it transpires that the degree has been obtained by Vandana Kumari is of 2003-2007, whereas the petitioner’s degree has been obtained between 2005-2007 and during that period the degree of Allahabad Agriculture University (Deemed University) has been recognized by the Directorate of Distance Education, Allahabad University, Allahabad, has been recognized by the Directorate of Distance Education, Allahabad University and, therefore, allowing the degree valid by the same University during the same period i.e., 2003-2007 for one person and not allowing the degree for another person is a clear cut discrimination in view of the Court.

Therefore, the order dated 04.11.2019 and order dated 09.12.2016 contained in Annexure-4 are hereby set aside and the matter is remanded back to the appellate authority who shall decide the matter afresh considering the order passed by the Principal Secretary in the matter of Vandana Kumari Annexure-P/1 of the rejoinder filed by the petitioner within 90 days from the date of receipt/production of a copy of this order. The petitioner shall file a fresh representation before the appellate authority in this matter.

With this direction, this writ petition is allowed.