Sukesh Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17814 of 2014 ====================================================== Sukesh Kumar Yadav Son of Sri Ramchandra Ray resident of Village - Jagarnathpur, P.S. - Kurhani, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The Chairman, Bihar Public Service Commission, Bailey Road, Patna.

3. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

4. The Joint Secretary, Bihar Public Service Commission, Bailey Road, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha, Advocate For the B.P.S.C. : Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the B.P.S.C.

The petitioner has claimed relaxation in the matter of eligibility of clearing NET as he has completed Ph.D. in 2006. The requirement of passing NET was subject matter of decision of the Apex Court in P. Suseela and others vrs. University Grant Commission and others reported in 2015(3) PLJR Supreme Court 278.

In view of the judgment of the Apex Court, the Court does not find any justification to interfere in the present writ petition. The subsequent clarification issued by the UGC for

Patna High Court CWJC No.17814 of 2014 (2) dt.27-09-2018 2/2 appointment of Assistant Professor may be relevant for consideration of the candidature of Ph.D. degree holder before 2009 in fresh selection process undertaken by the competent authority.

With the aforesaid observation, the present application stands disposed of.

(Anil Kumar Upadhyay, J) N.H./- U