JUDGMENT

C.K. THAKKER, J.

Leave granted.

This appeal is filed against the judgment rendered by a Division Bench of the High Court of Judicature at Patna on May 13, 2003 in Letters Patent Appeal No. 381 of 2003. By the said judgment, the Division Bench allowed the appeal filed by the respondent herein-original petitioner and set aside the judgment of the learned Single Judge, dated April 1, 2003 in CWJC No. 12618 of 2002.

Necessary facts leading to the filing of present appeal by the Bihar Public Service Commission (Commission for short) are that the first respondent Miss Kamini, passed her B.Sc. (Hons.) in the year 1989 in Chemistry with Zoology and Botany in First Class from Tilka Manghi Bhagalpur University in the State of Bihar. Her principal/main subject in B.Sc. Degree was Chemistry, alongwith Zoology and Botany as subsidiary/optional subjects. An advertisement was issued on December 21, 1999 by the Commission inviting applications from eligible candidates for appointment to the post of District Fisheries Officer-cum-Chief Executive Officer in the pay scale of Rs.6500-10500/- in the Bihar Fisheries Service Class-II. It was stated therein that the candidate must have qualifications of B.Sc. Zoology with a two years Diploma in Fisheries Science from Central Institute of Fisheries Education, Mumbai or a Graduate Degree in Fisheries Science (B.F.S.C.) from a recognized University or M.Sc. (Inland Fisheries Administration & Management) with Zoology from the Central Institute of Fisheries Education, Mumbai. Though the first respondent was not eligible as she did not possess the requisite qualifications of B.Sc.-Zoology, inadvertently, a letter was issued by the Commission on October 17, 2002 calling upon her to appear before the Interview Board on November 5/6, 2002. On closure scrutiny of the mark-sheet, however, it was found that she was not having Hons. Degree in Zoology and was not eligible for the post. On 5th November, 2002, therefore, when she appeared for the interview, she was informed that she was not possessing requisite educational qualifications and her candidature had been rejected. She made a representation on November 6, 2002 to the Chairman of the Commission to reconsider the decision of cancellation of her candidature. Since there were some cases of this nature, an Expert Committee was constituted by the Commission to consider a question whether a student can be called a Graduate in Zoology subject if he/she has cleared the Degree Examination with Zoology as a subsidiary/optional subject and not the principal subject. The Committee submitted its Report on November 24, 2002. As per the said Report, a student will be considered a Graduate in the subject if he/she has obtained the Degree in that subject at the Graduate level. The first respondent, as per the said report, was found ineligible. Her cancellation was, therefore, held proper.

The first respondent was not satisfied with the Report of the Expert Committee and challenged the said decision by filing a writ petition in the High Court of Judicature at Patna. The learned single Judge dismissed the petition but the Letters Patent Appeal was allowed by the High Court. The Commission has challenged the said decision of the Division Bench.The learned counsel for the appellant submitted that the Division Bench of the High Court was wholly wrong in allowing the appeal and in setting aside the order passed by the learned Single Judge and in ignoring the Report submitted by the Expert Committee. He also submitted that even otherwise, the action of the Commission could not be said to be illegal or contrary to law. When the requisite educational qualification was B.Sc. Zoology, such person must have passed B.Sc. with Zoology as principal/main subject and not as a subsidiary or optional subject. Admittedly, the first respondent had passed B.Sc. with Chemistry as principal subject and Zoology as optional/subsidiary subject. She, therefore, could not be held qualified and