Priya Ranjan Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4504 of 2018 ===========================================================
1. Priya Ranjan Kumar son of Ram Pravesh Singh resident of village - Raghubanshi Bigha, P.O. - Arai, P.S. - Daudnagar, District - Aurangabad.
2. Sushil Kumar son of Sri Narayan Yadav resident of Maharshi Mehi Nagar Ward No. 5, At P.O. + P.S. & District - Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna.
2. The Director in Chief, Health Services, Govt. of Bihar, Patna.
3. The Staff Selection Commission through its Secretary, Post Vetenary College, Patna - 14.
4. The Chairman, Bihar Staff Selection Commission, Post - Vetenary College, Patna - 14.
5. The Secretary, Bihar Staff Selection Commission, Post - Vetenary College, Patna - 14.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Surya Nararyan Poddar, Advocate For the Respondent/s : Mr. S.D.Yadav -AAG9 Mr. Anil Kumar Verma, AC to AAG 9 For the BSSC : Mr. Sanjay Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 25-09-2018 Heard the parties.
In the present writ petition, the petitioners have claimed that they have wrongly been not allowed to participate in the counseling meant for appointment to the post of X-ray Technician for that they do have requisite qualification and further prayed that they are entitled to 10 marks for the qualification holding of B.Sc. and M.Sc. An advertisement has been published for the appointment of 215 posts of X-ray Technician. Both the petitioners are Diploma Holder in Radiology and petitioner no.1 has acquired qualification of
2 /4 B.Sc. (Hons.) in Physics and petitioner no.2 is Degree Holder of B.Sc. (Hons.) in Zoology.
As per terms of the advertisement they have applied for the posts though the petitioner no.1 is M.Sc. but he has not disclosed such qualification in the application and on that account he has been deprived from counseling.
Counter affidavit discloses that the petitioners cannot be called for interview on the score that the petitioners do not have benchmark of marks as they cannot be given 10 marks for the qualification of B.Sc. in Physics and Zoology respectively.
Learned counsel for the petitioners submits that as per terms of the advertisement and as per Rule 6 of Bihar X-ray Technician Cadre Rules, 2014 (hereinafter referred to as the 'Rules') the minimum qualification is Intermediate in Physics, Chemistry, Biology with English and have passed Diploma in Medical Radiography from a Government recognized institution. Rule 7 of the Rules prescribes in what manner the marks will be given under the different heading of qualification, for Intermediate 25 marks, for higher degree (B.Sc./M.Sc.) 10 marks, for Diploma in Medical Radiography course examination 25 marks for experience in Government Hospitals of State of Bihar 25 marks. Only hitch for refusing the petitioner for being called for counseling that 10 marks which the petitioners are claiming cannot be added as they are not holding the qualification of
3 /4 B.Sc. and M.Sc. in Radiology, only those persons having qualification with B.Sc. and M.Sc. in Radiology in the same stream can only be given 10 marks and further said that other similar issue came for consideration about the status of qualification of B.Sc. and M.Sc. in different subjects submitted only the degree of B.Sc. and M.Sc. on the same stream can be recognized and 10 marks can be given and simple graduate degree will not attract 10 marks and placed reliance on the judgment passed by this Court in C.W.J.C. No. 11092 of 2016 followed by the letter written by Special Executive Officer dated 07.12.2017 to the Secretary, Bihar Staff Selection Board wherein it has been explained the person having qualification of B.Sc. and M.Sc. in Medical Radiography will be the valid degree but the persons holding qualification of B.Sc. and M.
Sc. subject in Radiology Degree will not be proper qualification, but in the present case the consideration is that the Rule 6 and 7 does not mention that the person will be granted 10 marks only those who are B.Sc. and M.Sc. Degree in same stream whereas it has been specifically mentioned that B.Sc. (Hons.) and M.Sc. (Hons.)
4 /4 that particular stream which is simple Intermediate with Physics, Chemistry, Biology and English has been mentioned as the minimum qualification for allowing the them to participate in the counseling. In such circumstances, it is very difficult to subscribe and accept the submission of the respondent that the petitioners who are holding qualification of B.Sc. and M.Sc. will be deprived of 10 marks and their decision to refuse the same is completely contrary to the statutory provision, letter written by the Department to Staff Selection Commission will not override the statutory provision, whereas from the statutory provision it is very much clear that the person who is holding the qualification of B.Sc. and M.Sc. will also be entitled to participate in interview.
In such view of the matter, this Court directs the respondent to add the 10 marks to the petitioners and hold the special interview for the petitioners.
With the aforesaid observations and directions, this writ petition is allowed.
(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date29.9.2018 Transmission Date NA