JHARKHAND HIGH COURT ISSUES ORDER ON MAHENDRA PASWAN V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, April 7 -- Jharkhand High Court issued the following order on March 9:

1. None appears on behalf of the petitioner even on repeated calls. I have been assisted by the learned counsel for the respondents at length. Considering the submissions and the materials available on record, I am disposing of this writ petition.

2. The petitioner, in this writ petition, has prayed for quashing the order dated 03.03.2020 (Annexure-7 to the writ petition), whereby, the promotion of the petitioner to the post of Enforcement Sub-Inspector from the post of Mobile Squad Constable has been rejected on the ground that he is not a graduate from the recognized institution, rather his graduation is from Hindi Vidyapith, Deoghar, whose degree is treated to be invalid.

3. After hearing the counsel for the respondents and after going through the record, I find that admittedly the petitioner has obtained his graduation degree from Hindi Vidyapith, Deoghar. The degree, which was conferred by the Hindi Vidyapith, Deoghar has been declared null and void with effect from 26.6.2014 by resolution of the Government.

4. The issue was raised in WP(C) No. 3115 of 2015 (Vijoy Kumar Vs. State of Jharkhandi and Ors.) along with its analogous cases. In the aforesaid writ petition, it was ultimately held by the Division Bench of this Court that the degrees issued by the Hindi Vidyapith, Deoghar are held to be valid upto 26.02.2015.

5. In this case, the petitioner claims that he has obtained his graduation degree from Hindi Vidyapith, Deoghar in the year 2012. Thus, in terms of the judgment passed by this Court in WP(C) No. 3115 of 2015, the graduation degree of this petitioner can be treated to be valid.

6. The ground for rejecting the claim of the petitioner is only one i.e. he has obtained his graduation degree from Hindi Vidyapith, Deoghar, which is invalid, according to the State.

7. Since the Division Bench of this Court in WP(C) No. 3115 of 2015 has held that all the degrees which were issued on or before 26.02.2015 by the Hindi Vidyapith, Deoghar are treated to be valid, I am of the opinion that the petitioner's case needs to be considered by the respondents. Thus the impugned order dated 03.03.2020 (Annexure-7 to the writ petition) is set aside.

8. Consequently, the respondents are directed to consider the case of the petitioner afresh, considering the fact that the graduation degree conferred by the Hindi Vidyapith, Deoghar on or before 26.02.2015 is valid. The respondents will take a decision within eight weeks from the date of receipt of a copy of this order.

9. With the aforesaid observations and directions, this writ petition stands allowed.

10. Pending interlocutory applications, if any, stand disposed of.

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