1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 913 of 2024 ….….. 1. Biswarup Roy, Aged about 47 years, Son of Late Manoranjan Roy, Resident of College More, P.O. College More, P.S. - Korrah, District - Hazaribagh. 2. Gauri Kumari, Aged about 38 years, Daughter of Sri Chandrashekhar Pandey, Resident of 82 Shyamacharan Mishra Lane, P.O. Deoghar, P.S. Deoghar, District -Deoghar. 3. Sunita Kumari, Aged about 40 years, son of Sri Nathu Mahato, Resident of Ward No.1, Honsaur, P.O.- Seraikela, P.S. - Seraikela, District - Seraikella. 4. Rajendra Yadav, Aged about 45 years, son of Late Shibu Yadav, Resident of Laxmisagar Naka 8, P.O. Laxminagar, P.S. Sadar, District-Darbhanga (Bihar). 5. Govind Mahato, Aged about 48 years, son of Sri Bhola Mahato, Resident of Village Kandra, P.O. Ramnagar, P.S. Mahuda, District-Dhanbad. …. Petitioners VERSUS 1. The State of Jharkhand. 2. The Chairman, Jharkhand Academic Council, Ranchi having office at Gyandeep Complex, P.O. & P.S. Namkum, District-Ranchi. 3. The Principal Secretary, Department of School Education and Literacy, Govt. of Jharkhand having office at Project Building, P.O. & P.S. Dhurwa, District- Ranchi. 4. The Chairman, Jharkhand Staff Selection Commission, Ranchi having office at Kali Nagar, Chai Bagan, P.O. & P.S. Namkum, District-Ranchi. 5. The Controller of Examination, Jharkhand Staff Selection Commission, Ranchi having office at Kali Nagar, Chai Bagan, P.O. & P.S. Namkum, District- Ranchi. 6. The Director, Directorate of Secondary Education, School Education and Literacy Department, Govt. of Jharkhand, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 7. The District Education Officer, Ranchi, having office at Court Compound, P.O. G.P.O., P.S. Kotwali, District-Ranchi. 8. The District Education Officer, Palamau, P.O. & P.S. Daltonganj, District-Palamau. 9. The District Education Officer, Garhwa, P.O. & P.S. Garhwa, District-Garhwa. 2 10. The District Education Officer, Sarikella Kharsawan, P.O. & P.S. Saraikella, District-Saraikella Kharsawan. 11. The District Education Officer, Koderma, P.O. & P.S. Koderma, District-Koderma. 12. The District Education Officer, Giridih, P.O. & P.S. Giridih, District-Giridih. ..... Respondent(s) ….….. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….… For the Petitioner(s) : Mr. Rajendra Krishna, Advocate Mrs. Neeta Krishna, Advocate Mr. Amit Sinha, Advocate Mrs. Ratna Prabha, Advocate Mr. Manish Kumar, Advocate For the Resp.-State : Mr. Shivam Singh, A.C. to S.C.-II For the Resp.-JSSC : M/s. Sanjoy Piprawall, Prince Kumar, Rakesh Ranjan, Jay Prakash, Advocates For the Resp.-JAC : Ms. Richa Sachita, Advocate Ms. Risheeta Singh, Advocate ….….. C.A.V. ON: 06/05/2026 PRONOUNCED ON: 15 /05/2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner for the following reliefs: (i) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of mandamus commanding upon the respondents not to make any discrimination for the appointment against the post of Music Teachers for different High Schools in the State of Jharkhand between the candidates who are having Degree of Sangeet Prabhakar Course (6th year) containing of either 300 total marks or 500 total marks from Prayag Sangeet Samiti, Allahabad as there is no difference between the syllabus of both courses and further taking into consideration the fact that prior to 2007-2008, the degree of Sangeet Prabhakar (6th year) which was given by Prayag Sangeet Samiti, Allahabad contained total 300 marks only. AND (ii) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of mandamus commanding upon the respondents to call the petitioners of the writ petition for counselling and further to give appointment to the petitioners after counselling. 3 3. The brief facts of the case are that vide Annexure-1 of the writ petition, Jharkhand Staff Selection Commission, Ranchi made Advertisement bearing Advertisement No. 21/16 for appointment to the post of Music Teachers for different High Schools in the State of Jharkhand. 4. Pursuant to the aforesaid Advertisement No. 21/16, all the petitioners applied for the post of Music Teachers for High Schools for the district of Chatra, Giridih, Dhanbad etc. situated within the State of Jharkhand. The petitioners had done the course in Sangeet Prabhakar from the Prayag Sangeet Samiti, Allahabad. After issuance of the Admit card issued by respondent no.5, petitioners appeared in their examination and they have been declared successful in the examination of Music Teachers and thereafter office of Jharkhand Staff Selection Commission after short- listing the candidates called them for counselling and for scrutiny of certificates and other documents on different dates as mentioned in the chart here-in-below drawn in a tabular form :- Sl.No. Name of petitioner Roll No. Paper verification date 1. Biswarup Roy 18117181646 07.01.2019 2. Gauri Kumari 15118159699 18.01.2019 4 3. Sunita Kumari 11135126755 07.01.2019 4. Rajendra Yadav 17112177233 18.12.2018 5. Govind Mahato 13122135607 18.01.2019 5. Thereafter, the petitioners appeared in the counseling and submitted all educational certificates and other required documents. However, in spite of short- listing of the candidates after conducting the written examination and paper verifications of all the candidates, the final selection list/result have not been issued by the respondent authorities for the reasons best known to them. 6. However, the appointment of music teacher, the final list/ result for the district namely Pakur, Jamtara, Deoghar, Dumka and Godda was finally published by the respondent authorities and the candidates of the aforementioned districts except Godda had been appointed against the post of music teachers in the different high schools of respective districts. 7. When the similarly situated persons/ candidates to the petitioners came to know about the fact that the candidates of the district of Pakur, Dumka, Jamtara and Deoghar have been given appointment against the post of music teacher but in the case of the petitioners not even final select list/merit list/result have been published; then they approached to the respondent 5 authorities and filed representation on 12.7.2019, 3.12.2019, 26.12.2019 for publication of their final result and pursuant thereto their appointment on the post of music teacher. 8. When the petitioners approached the respondent authorities by way of filing the representation then they came to know about the fact that the District Education Officer, Godda wrote a letter dated 30.1.2019 contained in Memo No. 152, to the Director, Secondary Education (School Education and Literacy), Govt. of Jharkhand with a request to provide guidelines with respect of appointment to the post of Music Teachers for the candidates who have passed their degree of Sangeet Prabhakar from the Prayag Sangeet Samitee, Allahabad and also for those candidates who have passed the degree of Sangeet Visharad from the Prachin Kala Kendra, Chandigarh (Annexure-4). The Director, Secondary Education, Govt. of Jharkhand, Ranchi wrote a letter to District Education Officer, Godda on 22.03.2019, contained in Memo No. 874, mentioning that for appointment to the post of Music Teacher, the candidate having degree of Sangeet Prabhakar and Sangeet Visharad from Prayag Sangeet Samiti, Allahabd and Prachin Kala Kendra, Chandigarh 6 respectively are equivalent to graduation and opined that appointment can be made. 9. Thereafter, the Deputy Commissioner, Godda vide letter dated 06.04.2019 contained in Memo No. 649 to the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi sought direction upon the same issue for appointment of Music Teachers for the candidates who have passed the examination Sangeet Prabhakar from the Prayag Sangeet Samittee, Allahabad (Annexure-10). 10. On 24.5.2019, an information contained in Memo No. 241, in a reply to the letter under Right to Information Act, the Director, Secondary Education, Govt. of Jharkhand, Ranchi gave information to one Sri Keshri Kumar Mishra, Advocate, Godda Civil Courts indicating that guidelines have been provided for appointment to the post of Music Teachers (as contained in Annexure-6 to this petition) who have degree from the Prayag Sangeet Samittee, Allahabad and from the Prachin Kala Kendra (Annexure-11). 11. Pursuant to the decision taken by the School Education and Literacy Department (Secondary Education Directorate) as contained in Resolution dated 14.09.2022, Memo No. 2436 all the candidates having 7 the Degree of Sangeet Prabhakar Course (6th year) which is/was of total 500 marks from Prabhakar Sangeet Samiti, Allahabad, have been called for counselling by the office of the concerned District Education Officer against each districts, to be appointed against the post of Music Teacher. But the petitioners and some other similarly situated candidates have not been called for the counselling (evident from Press Communique No. 05/2023-24) only on account of the fact that they are not having the Degree of Sangeet Prabhakar Course (6th year) containing 500 total marks from Prayag Sangeet Samiti, Allahabad. 12. It has been specifically pleaded that in the counselling, only the paper verification was done. 13. The case of the petitioners is that though they are having Degree of the Course of Sangeet Prabhakar (6th year), which was of 300 total marks, from Prayag Sangeet Samiti, Allahabad, they have not been called for counselling under Resolution dated 14.09.2022 contained in Memo No.2436. 14. Aggrieved of non-consideration of the candidature of the candidates who have applied pursuant to the Advertisement No. 21/2016 against the post of music teacher, only on account of the fact that they are 8 not having the degree of Course of Sangeet Prabhakar (6th year) which is/was of total 500 marks from the Prayag Sangeet Samiti, the petitioners have filed this writ application. 15. Learned counsel for the petitioners submits that the degree of Sangeet Prabhakar awarded by the Prayag Sangeet Samittee, Allahabad and degree of Sangeet Visharad from the Prachin Kala Kendra, Chandigarh are equivalent to graduation degree. The matter had also come before the Hon’ble Supreme Court in Civil Appeal bearing C.A. No. 6098/1997, and the Hon’ble Supreme Court also accepted the report of commission of inquiry of Hon’ble S.C. Agrawal (Retd.). 16. Further, he submits that University Grant Commission Model Curriculum also indicates that the candidate having degree of Sangeet Prabhakar and Degree of Sangeet Visharad are eligible to get admission in M.A. courses; meaning thereby, both degree of Sangeet Prabhakar and Sangeet Visharad are equivalent to graduation. 17. Learned counsel has further submitted that one Abha Sinha Mahapatra had applied to the post of Music Teacher in pursuance of Advertisement No. 93/11 (Annexure-12 to this writ petition). Aforesaid Abha 9 Sinhamahapatra has passed Sangeet Prabhakar examination from Prayag Sangeet Samiti, Allahabad. Initially, the Jharkhand Academic Council, Jharkhand, Ranchi has cancelled the candidature of said Abha Sinhamahapatra, but thereafter she filed a writ petition bearing W.P.(C) No. 2860/2012, (Annexure-12) before this Court and vide order dated 14.08.2012, this Court directed the writ petitioner to submit a representation with supporting documents as well as decision of Hon’ble Supreme Court before the respondent Jharkhand Academic Council, Ranchi. Pursuant to the order passed by this Court her candidature has been accepted by the respondent Jharkhand Academic Council, Ranchi and at present said Abha Sinhamahapatra is posted as Music Teacher at High School in Ghatshila, District-East Singhbhum. 18. Per contra, learned counsel for the respondents submits that pursuant to the order of this Court in W.P.(S). Case No. 1620/2020, a committee was constituted under the chairmanship of Director, Secondary Education vide order no. 2192 dated 02.08.2023. Paragraph 5 of the report contains recommendation, which reads as follows: Recommendation/Decision: - 10 “Appointment should be considered as per the resolution number 2436 dated 14.09.2022 of the Department of School Education and Literacy, which is issued after the approval of the Council of Ministers. But this will not be applicable for teachers appointed in the transaction before the current transaction CGTTCE 2016. Bangiya Sangeet Parishad, West Bengal, Bangiya Sangeet Kala Kendra, West Bengal and All India Gandharva Mahavidyalaya Mandal, Mumbai, these institutions are not included in the list of universities maintained by UGC. Hence, it cannot be recognized.” He further submits that order no. 2192 dated 02.08.2023 explicitly states that the appointment should be considered according to the Resolution number 2436 dated 14.09.2022. Furthermore, the resolution has also been approved by Council of Ministers. 19. Ld. State Counsel further contended that all the petitioners in the present case hold the Sangeet Prabhakar degree from Prayag Sangeet Samiti, Allahabad, with a total mark allocation of 300 and not with the requisite full marks of 500. As per Departmental Resolution No. 2436 dated 14.09.2022, the Sangeet Prabhakar (sixth-year) degree issued by Prayag Sangeet Samiti, Allahabad, is considered equivalent to a Graduation in Music only if it carries full marks of 500, and not with full marks of 300. It was also brought to notice that Prayag Sangeet Samiti, Allahabad, neither holds affiliation with 11 any State or Central authority; nor is it included in the list of recognized universities under the University Grants Commission (UGC). 20. Having heard the learned counsel for the parties and on perusal of the materials on record, it transpires that the petitioners have been discriminated for the appointment against the post of Music Teachers for different High Schools in the State of Jharkhand between the candidates who are having Degree of Sangeet Prabhakar Course (6th year) containing of either 300 total marks or 500 total marks from Prayag Sangeet Samiti, Allahabad as allegedly there is no difference between the syllabus of both courses, inasmuch as, prior to 2007- 2008, the degree of Sangeet Prabhakar (6th year) which was given by Prayag Sangeet Samiti, Allahabad contained total 300 marks only. 21. In this case the petitioners had taken the degree of Sangeet Prabhakar. It is further evident that prior to 2007-08, the course of Sangeet Prabhakar which was of total 300 marks as they had taken the degree from the Prayag Samittee prior to the decision taken by the management of Prayag Sangeet Samiti. In the year 2007- 2008, the total marks for the course of Sangeet Prabhakar were enhanced from 300 to 500. The only 12 object for enhancement of marks from 300 to 500 was to get recommendation from University Grants Commission for one or another reason, the Prayag Sangeet Samiti could not get the recognition from the University Grants Commission. 22. It is further evident that course and syllabus of the Degree of Sangeet Prabhakar consisting of either total of 300 marks or 500 marks; are same as is evident from Annxure-14 at page 95, and therefore any discrimination between the degree holder of Sangeet Prabhakar consisting of either total of 300 marks or 500 marks is in the teeth of Article 14 of the constitution of India. 23. It further transpires that despite of the fact that the petitioners name are there in the final merit list but in spite of that they have not been called for counselling owing to the fact that they are having the degree of Sangeet Prabhakar which was of total 300 marks; on the other hand the persons /candidates having degree of Sangeet Visharad from Prachin Kala Kendra, Chandigarh, which was of total 300 Marks (5 Years) have been given appointment on the basis of Resolution dated 14.09.2022.( Annexure-17). 24. Now before delving into the further discussion, it would be worthy to refer to the criteria fixed for 13 appointment of Music Teacher (as per serial no.5 of Annexure-1 of this petition), and it reads as under: “राǛ सरकार अथवा कŐ ū सरकार Ȫारा माɊता Ůाɑ िवʷिवȨालय अथवा बोडŊ से मैिटŌक परीƗा उतीणŊ एवं राǛ सरकार अथवा कŐ ū सरकार Ȫारा माɊता Ůाɑ िवʷिवȨालय से संगीत मŐ ˘ातक िडŤी अथवा समकƗ. 25. It is noteworthy to indicate that prior to the Advertisement No. 21/2016; earlier the appointment has been made by the respondent authorities against the post of music teacher in the year 2010 and subsequently in the year 2015 wherein the candidates who were having the Degree of Sangeet Prabhakar Course (6th year) which is of 300 total marks, have been appointed; meaning thereby, that the respondent authorities in the appointment of 2010 and 2015 recognized the candidates having the degree of Sangeet Prabhakar containing 300 total marks. 26. Further, by way of this writ application, it has been brought to knowledge by the petitioners before this Court that in the District of Sahebganj, three persons who are having the Degree of Sangeet Prabhakar (6th year) which is of 300 total marks from Prayag Sangeet Samiti, Allahabad have been given appointment and they are namely:- Kundan Mitra, Rashmi Prabha, & Sandhya Kiran; and the same has not been specifically denied by the respondents in their counter affidavit. 14 27. Since from the result dated 16.04.2023, issued under signature of the controller of the examination, JSSC, it is evident that all the petitioners have been declared successful (Annexure-16), as such, in the considered view of this Court, the action of the respondent authorities is arbitrary taking into consideration the fact that the candidates who have got Degree of Sangeet Prabhakar which was of total 300 marks are more experienced and senior to the persons who have got Degree of Sangeet Prabhakar (6th year) of total 500 marks from Prayag Sangeet Samiti, Allahabad, but, in spite of that they are being debarred from getting appointment against the post of music teacher against the Advertisement No. 21/2016. The action of the respondent authorities putting unreasonable restrictions in the way of appointment of the petitioners is arbitrary, mala-fide and bad in the eyes of law. 28. The action of the respondent authorities making class within a class without any valid reason and without any nexus between the aim and objects sought to be achieved is arbitrary and therefore in contravention of the Article 14,16 and 21 of the Constitution of India and as such, there cannot be class within a class. 29. In the celebrated case of D.S. Nakara Versus 15 Union of India reported in 1983 (1) SCC 305, the Govt. tried to give higher pension benefits only to the employees who retired after a specific “cutoff”. The Hon’ble Supreme Court held that all pensioners form a single class and by creating a sub-group based solely on a retirement date, the government created a “class within a Class” without a rational reason. It has been held by the Hon’ble Apex Court that Article 14 forbids Class legislation but permits reasonable classification for the purpose of legislation but the classification being found on an intelligible differentia which distinguishes persons or thing that are grouped together from those who are left out of the group and that differentia must have a rational nexus sought to be achieved by the statue in question. The thrust of Article is that citizen is entitled to equality before the law and equal protection of Law. 30. Recently also, the Delhi High Court in the case of Kendriya Vidyalaya Snagathan & Anr. Versus Bhairvi Kumari & others in (W.P.(C) 1921/2024 & CM APPL. 8079/2024) has held that Degree of “Sangeet Prabhakar” is to be treated as equivalent to a “Bachelor degree in Music” for purpose of the post of primary teacher. 16 31. Consequently, the instant writ petition stands allowed. 32. Respondents are directed to proceed in the matter of giving appointment letter to the respective petitioners, if they are otherwise qualified, without making any discrimination of marks as discussed hereinabove. 33. The entire exercise shall be completed within a period of 10 weeks from the date of receipt/production of copy of this order. Pending I.A., if any, are closed. No cost. (Deepak Roshan, J.) Dated: 15/05/2026 Amardeep/ N.A.F.R Uploaded on 23.05.2026