Manoj Kumar Tripathi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7561 of 2017 ====================================================== Manoj Kumar Tripathi S/o Sri Rama Shankar Tripathi, Resident of C/o Dr. Ajay Kumar Singh 29, Indira Nagar Colony, Khajauri Pandeypur, P.S. Pandeypur, Varanasi- 221002, U.P.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chancellor of Universities of Bihar, Raj Bhawan, Patna. 3.

Bihar Public Service Commission, Patna through its Chairman. 4.

The Secretary, Bihar Public Service Commission, Patna. 5.

The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, Patna.

6.

University Grants Commission through its Chairman, 35 Feroz Shah Road, New Delhi.

7.

Banaras Hindu University, Varansi- 221005, U.P. through its Registrar Academic.

8.

Assistant Registrar Acad., Central Office, Banaras Hindu University, Varansi- 221005, U.P.

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

For the Petitioner/s :

Mr.Avinash Kumar, Adv.

For the Respondent/s :

Smt. Binita Singh- SC28 For Respondent No. 2 :

Mr. Janardan Pd. Singh, Sr. Advocate Mr. R. R. Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2024 Heard the parties.

2. The petitioner has preferred the present writ application for quashing the letter dated 09.05.2017 whereby the candidature of the petitioner for appointment on the post of Assistant Professor in the subject of Botany has been rejected.

3. Learned counsel for the petitioner submits that the petitioner possessed the requisite qualification for appointment

Patna High Court CWJC No.7561 of 2017(3) dt.24-06-2024 2/2 to the post of Assistant Professor in terms of the advertisement but the candidature of the petitioner has been rejected unjustly.

4. Learned counsel appearing for BPSC, referring to paragraphs-11 and 12 of the counter affidavit, submits that the petitioner has neither passed UGC NET examination nor has been awarded Ph.D Degree as per UGC Regulation 2009. As per terms of Advertisement No. 67/2014, a candidate is required to have NET and or Ph.D Degree under Regulation 2009 for appointment as Assistant Professor. However, the selection process has come to an end and the final result has been published on 22.10.2018.

5. Regard being had to the submissions made by the parties and the fact that the petitioner is not having requisite qualification as per terms of Advertisement and the selection process has come to an end way back in the year 2018, as such, no relief can be granted to the petitioner. Accordingly, the petition stands dismissed.

(Anil Kumar Sinha, J) perwez U