Shashi Bhushan Prasad Singh vs State Of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 860

BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Shashi Bhushan Prasad Singh – Appellant
Versus
State Of Bihar – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Ayush Anand, AOR Mr. Monu Kumar, Adv. Mr. Yash Raj Singh, Adv. Ms. Bharti Kumari, Adv. Mr. Rohan Mazumdar, Adv. Mr. Anant Sangal, Adv. Mr. Shubhendu Anand, Adv

JUDGMENT :

SATISH CHANDRA SHARMA, J.

1. Leave Granted.

2. The present batch of appeals arise out of judgement dated 16.02.2023, passed by the High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 3411/2022 (‘CWJC’) along with other connected matters (the ‘Impugned Order’), whereby the Writ Petitioners who were the unsuccessful candidates in the Recruitment Process conducted pursuant to the Advertisement dated 08.03.2019 for the post of Junior Engineer (Civil), had challenged the vires of Rule 9(1)(ii) of the Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules 2017, published vide notification dated 07.11.2017, prescribing technical qualification eligibility for selection/appointment to the technical post in the State of Bihar. The appellants before this Court are the successful candidates in the said Recruitment Process.

3. The present matter begins with the issuance of Advertisement No. 01/2019 dated 08.03.2019 by the Bihar Technical Service Commission (‘BTSC’) inviting applications for 6,379 vacancies to the post of Junior Engineer across various state departments (the ‘Advertisement’). The Advertisement specified that