Jitendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6701 of 2019 ====================================================== 1.
Jitendra Kumar Singh, Son of Ramesh Kumar Singh Resident of MohallaMaharana Pratap Nagar, Ara, Police Station-Nawada, District-Bhojpur 2.
Saurabh KUmar Son of Nand Kumar Mahto Resident of Village-Bhalve, Police Station-Chanan, District-Lakhisarai 3.
Amandeep Kumar, Son of Ram Kumar Mehta Resident of Village-Bairia, Police Station-Gopalpur, District-Patna ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Addl. Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna 3.
The Director, Land Records and Measurement Directorate, Revenue and Land Reforms, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioners :
Mr. Suraj Narain Yadav, Advocate For the Respondents :
Mr. Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 24-04-2019 Heard the learned counsel for the parties.
2. The petitioners are final year students of Diploma Course who are aggrieved by the issuance of an Advertisement No. 1 of 19 by the Revenue and Land Reforms Department, Government of Bihar, Patna inviting applications for appointment on the post of Special Survey Amins. The requisite qualification for applying for such posts has been indicated as Diploma in Civil Engineering.
Patna High Court CWJC No.6701 of 2019 dt.24-04-2019 2/3
3. The cause of grievances is that no concession has been made in the aforesaid advertisement for accepting invitation of final year students who, in all probability, will obtain the degree even before the examination for such posts is taken.
4. The qualification which is required for a particular post and the age criteria fixed, if not arbitrary, cannot be interfered with as it is in the domain of the employer and the employer is the best judge to know which qualification and what age group would be required for selecting candidates for such posts.
5. A perusal of the advertisement contained in Annexure-2 indicates that the requirement is Diploma Degree in Civil Engineering and minimum age qualification has been fixed at 18 years. There does not appear to this Court any reason for interfering with fixing of such qualification and not making any provision for those candidates who could have obtained such degrees later, but before the holding of the examination.
Patna High Court CWJC No.6701 of 2019 dt.24-04-2019 3/3
6. Since the petitioners are only final year students, they would have plenty of opportunities for seeking employment. An applicant is required to have the requisite qualification on the day when the advertisement has been issued. This Court is not agreeable to the suggestions given by the learned counsel for the petitioner that it would only serve the department in a better way if young candidates are allowed to participate and that after a long time, such number of posts have been advertised in which the petitioners as young persons are unable to participate because of their not having completed the requisite qualifications.
7. For the aforesaid reasons, this Court refuses to accept the arguments of the petitioners.
8. The petition is thus dismissed.
(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date