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2017 Supreme(Pat) 62

HEMANT GUPTA, SUDHIR SINGH
Deoraj Vats, son of Ravindra Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Abhay Kumar Singh, Mr. Raghwanand, Mr. Sanjay Kr. Tiwari
For the Respondents-State: Mr. Sunil Kumar Mandal, Ms. Neelam Kumar, Mr. Bipin Kumar
For the Commission : Mr. Kamla Kant Upadhayay, Mr. Chandra Bhushan Das
For the Intervenors : Mr. Y.V. Giri, Mr. Binoy Kumar, Mr. Niranjan Kumar, Mr. Umesh Kumar, Mr. Mayank Rajput, Mr. Mrigank Mauli, Mr. Sanket, Mr. Prince Kr. Mishra

JUDGMENT :

The challenge in the present writ application is to Rule 8 of Agriculture Co-ordinator Cadre (Recruitment and Service Conditions) Rules, 2014 (for short, ‘the Rules’) framed in terms of power conferred by proviso to Article 309 of the Constitution of India. The offending clause reads as under:-

“8. Eligibility-Graduate in Agriculture Science/Animal Husbandry/Fisheries/Agriculture Engineering/Horticulture/Forestry/Dairy Technology from the recognized University/College or institute.”

2. The assertion of the petitioners is that an advertisement was published by Bihar Staff Selection Commission (for short, ‘the Commission’) on 29th April, 2015 for direct appointment on the post of Agriculture Co-ordinator of 4391 vacancies. The challenge to the eligibility qualification is on the ground that purpose of appointment of Agriculture Co-ordinator is to give technical and administrative cooperation in implementation of various schemes of the Agriculture Department, below block level, but the eligibility criteria as stipulated in Rule 8 does not seem to be appropriate to achieve the purpose of appointment of Agriculture Co-ordinator for the reason that the candidates having Graduate
























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