Dr. Avinash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19755 of 2021 ====================================================== Dr. Avinash Kumar Jha, aged about 41 years, male, Son of Dr. Ravi Kant Jha, Resident of Village - Hansour, Police Station - Belsand, District - Sitamarhi, At present Janta Flat No. 14, Housing Board Colony, Damodarpur, Patahi, P.S. - Kanti, Distt. - Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Science and Technology Department, Govt. of Bihar.

3.

The Director, Science and Technology, Govt. of Bihar, Patna. 4.

The Bihar Public Service Commission, Patna, through its Chairman. 5.

The Chairman, Bihar Public Service Commission, Patna. 6.

The Secretary, Bihar Public Service Commission, Patna. 7.

The Joint Secretary - Cum - Controller of Examination, Bihar Public Service Commission 15 Nehru Path (Bailey Road), Patna - 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur, Adv.

For the State :

Mr. Prabhat Ranjan, AC to GP-6'

For the B.P.S.C.

:

Mr. Sanjay Pandey, Adv.

Mr. Nishat Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-12-2021 Heard Mr. Mahendra Thakur, the learned Advocate for the petitioner and Mr. Sanjay Pandey, the

Patna High Court CWJC No.19755 of 2021 dt.02-12-2021 2/3 learned counsel for the Bihar Public Service Commission. The State is represented by Mr. Prabhat Ranjan, the learned AC to GP-6.

2. The petitioner is aggrieved by the decision of the respondent authorities in non-suiting him for participating in the interview for post of Associate Professor in the subject Chemistry.

3. The minimum requisite qualification for a person to appear in the interview has been fixed as "minimum of years of experience in teaching/research/industry out of which at least 2 years shall be post Ph.D experience". This qualification has further been clarified by making a note in the advertisement that "any person having the experience of teaching in any teaching/research or industry faculty at Level-10 would be treated as having requisite qualification".

4. The petitioner has failed to demonstrate that he has any experience of the kind which is required to become eligible for the post of Associate Professor. The petitioner claims that since he comes from economically

Patna High Court CWJC No.19755 of 2021 dt.02-12-2021 3/3 weaker section, such minimum requirement be waived.

5. This Court is afraid, this prayer cannot be acceded to.

6. There is no merit in this writ petition and it is, accordingly, dismissed.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.12.2021 Transmission Date N/A