S.K.Katriar and Kishore K.Mandal JJ.

1. The petitioner of CWJC No. 2644 of 1998 (Prafulla Ranjan Shrivastava V/s. The State of Bihar & Ors.) has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of Judicature at Patna, whereby the writ petition has been substantially dismissed, and has been partly allowed in terms of Rule 103 of the Bihar Service Code (hereinafter referred to as the Code) . We shall go by description of the parties occurring in the writ petition.

2. The facts essential for disposal of the appeal are not in dispute and may be indicated briefly. The writ petitioner (the appellant herein) was appointed as an Assistant Engineer, and holds the following educational qualifications as indicated in para-3 of the writ petition:

(i) Passed the Examination of B.Sc. Engineering (Civil) from Bihar University.

(ii) Passed the Examination of two years Post-Graduate Diploma course in Town and Country Planning from the school of Planning and Architecture, New Delhi.

(iii) Passed the Examination of Diploma course in Urban Survey from the International Institute of Aerial and Earth Science, Nitherland.

(iv) Passed the Examination of L.L.B. fr