Simplified Explanation of the Judgment
The Patna High Court, in a decision dated 2 January 2023, dealt with two connected appeals concerning the cancellation of appointments of selected candidates for the post of Hindi Stenographer in the Civil Courts of Bihar. The judgment reaffirmed that no appointment or selection can be cancelled without giving the affected candidates an opportunity to be heard, upholding the constitutional principle of natural justice.
The case involved two Letters Patent Appeals (LPA Nos. 940 and 923 of 2019), both heard together since the issues were identical. The appellants had been selected and appointed as Hindi Stenographers but were later denied the opportunity to join or had their appointments terminated soon after joining. The main ground for such cancellation was that their educational qualification — Sahitya Alankar from Hindi Vidyapeeth, Deoghar — was allegedly not recognized as equivalent to a graduate degree.
Background of the Case
The appellants were selected through a regular recruitment process conducted under the Bihar Civil Courts Staff (Class-III and Class-IV) Rules, 2009. They were issued appointment letters after fulfilling all procedural requirements. One appellant, Vijay Kumar, had even joined service on 14 August 2015, but his services were abruptly terminated on 17 September 2015. The other appellant, Manoj Kumar, was not permitted to join at all despite being duly selected and appointed.
The authorities justified their action by citing a 2013 High Court administrative order that had held the Sahitya Alankar qualification from Hindi Vidyapeeth, Deoghar as non-equivalent to graduation for employment in Civil Courts.
However, the High Court noted that this action was taken without issuing any show-cause notice or granting the appellants a chance to explain or prove the validity of their qualifications. The affected candidates were thus deprived of their right to defend themselves, violating the fundamental tenets of fairness.
Court’s Analysis and Findings
The Division Bench, comprising Hon’ble Mr. Justice P. B. Bajanthri and Hon’ble Mr. Justice Arun Kumar Jha, emphasized that natural justice applies to every administrative decision having civil consequences. Even if the employer believes a candidate’s qualification to be invalid, it cannot unilaterally cancel the appointment without first hearing the candidate.
The Bench relied on several key precedents:
- Rajesh Kumar v. State of Bihar, 2019 (5) BLJ 558, where it was held that termination without hearing violates natural justice.
- Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 (4) SCALE 284, where the Supreme Court reiterated the necessity of providing an opportunity of hearing in administrative or quasi-judicial proceedings.
The Bench also clarified that Rule 9(6) of the Bihar Civil Courts Staff Rules, 2009, does not prevent the issuance of a notice before taking adverse action. Therefore, the authorities’ claim that they could cancel appointments without notice had no legal basis.
Judgment and Directions
The Patna High Court found merit in the appellants’ case and set aside both:
- The Single Judge’s order dated 18 July 2019, and
- The official order of cancellation dated 31 August 2015.
The matter was remanded back to the competent authority with the following directions:
- The authority must issue a detailed show-cause notice to the appellants explaining why their selection or appointment should not be cancelled on the ground of qualification.
- The appellants will be allowed to submit evidence or documents showing that Sahitya Alankar from Hindi Vidyapeeth, Deoghar, is equivalent to a graduate degree.
- The competent authority must consider their reply, evaluate the documents, and pass a reasoned (“speaking”) order.
- This entire exercise should be completed within three months from the receipt of the judgment.
The Court also clarified that questions of equivalency of degrees generally fall under the jurisdiction of the State Government or recognized universities, not administrative authorities making recruitment decisions.
Significance or Implication of the Judgment
- For government recruitment authorities: The decision reinforces that cancellation of appointment — even at the preliminary stage — requires adherence to due process.
- For candidates and job aspirants: It ensures that once a candidate’s selection or appointment is made official, it cannot be withdrawn arbitrarily without giving them a fair hearing.
- For administrative law: This case strengthens the jurisprudence that every public authority must act fairly, transparently, and within the limits of procedural justice.
- For institutions like Hindi Vidyapeeth, Deoghar: It reopens the conversation about recognition and equivalency of traditional or non-university qualifications in government employment.
Legal Issue(s) Decided and the Court’s Decision with Reasoning
- Whether the authorities could cancel selection/appointment without hearing the candidates?
– Decision: No. Such action violates natural justice. - Whether Rule 9(6) of the Bihar Civil Courts Staff Rules permits action without notice?
– Decision: No. The Rule does not prohibit issuance of notice before taking adverse action. - Whether the question of degree equivalency can be decided by administrative authorities?
– Decision: No. Such determinations lie within the domain of the State or universities, not appointing officers.
Judgments Referred by Parties
- Rajesh Kumar v. State of Bihar, 2019 (5) BLJ 558.
- Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 (4) SCALE 284.
Judgments Relied Upon or Cited by Court
- Rajesh Kumar v. State of Bihar, 2019 (5) BLJ 558.
- Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 (4) SCALE 284.
Case Title
Manoj Kumar & Anr. v. The State of Bihar & Ors.
(With Vijay Kumar & Anr. v. The State of Bihar & Ors.)
Case Number
Letters Patent Appeal Nos. 940 of 2019 and 923 of 2019
(arising out of CWJC Nos. 17072 and 17588 of 2015)
Citation(s)
2023 (1) PLJR 325
Coram and Names of Judges
Hon’ble Mr. Justice P. B. Bajanthri
Hon’ble Mr. Justice Arun Kumar Jha
Names of Advocates and who they appeared for
• For the appellants: Mr. Arvind Kumar Sharma, Advocate.
• For the respondents: Mr. Prabhat Kumar Verma (AAG-3).
Link to Judgment
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