Degree Of Sahityalankar Acquired In Year 2000 Equivalent To BA Degree: Patna High Court
While partly allowing the petition challenging the rejection of LPG Distributorship application, the Patna High Court has held that the degree of Sahityalankar acquired by the applicant in the year 2000 was equivalent to a B.A. degree.
The petitioner had approached the High Court seeking the quashing of the order whereby the Petitioner’s application for selection and award of LPG Distributorship had been rejected.
The Single Bench of Justice G. Anupama Chakravarthy thus held, “ From bare perusal of the aforesaid judgment passed by Full Bench in Ramashankar Patel (supra), this Court is of the considered view that the degree of Sahityalankar acquired by the petitioner in the year 2000, was equivalent to a B.A. degree.”
Advocate Rabindra Nath Kanth represented the Petitioner while Advocate Sanat Kumar Mishra represented the Respondents.
Factual Background
The petitioner submitted an application for the selection and award of LPG distributorship at the location ‘Forbesganj’, Araria pursuant to the Advertisement of the Indian Oil Corporation Ltd. The petitioner was declared the successful candidate in the draw of lots. The petitioner submitted that the officials of the respondents conducted a field verification and found the documents, including educational qualifications, to be in order at that time. However, the Company later issued a letter stating that the “Sahityalankar” degree from Hindi Vidyapeeth, Deoghar, submitted by the petitioner, cannot be considered as equivalent to a full-fledged graduation degree. His application for selection and award of LPG Distributorship thus came to be rejected.
Issue
The issue involved in this case was whether the Sahityalankar degree obtained by the petitioner in the year 2000 was equivalent to a B.A. degree or not.
Reasoning
The High Court referred to its judgment in Ramashankar Patel and others v. State of Bihar and others (2019) wherein it was observed that in terms of the notification of the General Administration Department as contained in Memo No. 541 dated January 11, 1991, the Sahityaalankar certificate had equivalence to the graduation degree. It was held therein that the writ petitioners who obtained their Sahityalankar degree from Hindi Vidyapeeth, Deoghar prior to August 25, 2008, would come within the framework of the 1991 notification and would be entitled for consideration for promotion to B.A. (Trained) Scale.
Thus, the Bench concluded that the degree of Sahityalankar acquired by the petitioner in the year 2000 was equivalent to a B.A. degree. The Bench quashed the impugned order. The Bench further noted that after the cancellation of the petitioner’s candidature, a second re-draw was conducted in which one Ajay Kumar Singh was selected, and the distributorship was commissioned in 2018.
Noting that a third-party right had been created in the matter and the petitioner had not impleaded the said individual—who was selected, the Bench partly allowed the appeal and held, “Therefore, the petitioner may approach the respondent authorities by filing an appropriate application along with a copy of this order for redressal of his grievance.”
Cause Title: Aditya Kumar v. Indian Oil Corporation Ltd. & Ors. (Case No.: Civil Writ Jurisdiction Case No.18393 of 2016)
Appearance
Petitioner: Advocate Rabindra Nath Kanth
Respondents: Advocate Sanat Kumar Mishra
