Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9070 of 2019 ====================================================== 1.

Kumar Gaurav S/o Late Vikash Chandra Singh Vill.- Athari, Gargatta, P.s.- Runi Saidpur, distt.- Sitamarhi 2.

Sunil Kumar Bharti S/o Bhagwati Ram Resident of Jamuanw, P.s.- Bhabhua, Distt.- Kamaur ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The Chief Secretary Govt. of Bihar, Patna 3.

The Principal Secretary General Administration Department, Govt. of Bihar, Patna 4.

The Principal Secretary Water Resource Department, Govt. of Bihar, Patna 5.

Bihar Technical Service Commission Patna through its Chairman 6.

The Chairman Bihar Technical Service Commission, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Respondent/s :

Mr.Harish Kumar ( Gp8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners, State and learned counsel appearing on behalf of the Bihar Technical Service Commission.

Petitioners have approached this Court for a direction to the respondents to consider their candidature for appointment pursuant to advertisement no. 01 of 2019.

Learned counsel for the petitioners submits that the qualification of the petitioner obtained by way of distant education. The courses have been declared to be equivalent by the appropriate government, in response to the query made in

Patna High Court CWJC No.9070 of 2019(2) dt.18-12-2019 2/2 the Rajya Sabha, he referred Annexure-6 to the writ application in this regard.

Learned counsel appearing on behalf of the respondents would submit that the rule has been framed by the respondents whereby qualification has been prescribed, the rule does not recognized any diploma or degree through distant education as appropriate.

The selection process has commenced pursuant to the Rules and this Rule is declared to be intra vires and such, one cannot find fault with the selection process. So long as rule stands, the Court is not in a position to issue any positive direction. However, liberty shall be available to the petitioners to persuade the authorities with reference to Annexure-3 that the diploma or degree obtained through distant mode is also recognized at par with regular diploma course. With the aforesaid liberty, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U