JUDGMENT :

Heard learned counsel for the parties.

2. Both the writ applications arise out of the same advertisement No. 01/2019 issued by the Bihar Technical Service Commission (hereinafter referred to as the ‘Commission’) inviting applications for appointments against various posts of Junior Engineer in various departments of the State Government and since they involve identical issues, both of them have been heard together and are being disposed of by present common judgment and order.

3. Dispute which has been raised in the present proceedings is only in respect of the essential educational/technical qualification as disclosed in the advertisement. The advertisement requires diploma or an equivalent qualification as the requisite educational qualification. The petitioners admittedly do no possess Diploma qualification. They, however, possess the qualification of Degree in Engineering which qualification is admittedly higher than Diploma qualification. The petitioners claim that possession of higher qualification of Degree in Engineering presupposes that they possess Diploma qualification, which is an inferior qualification than qualification of Degree in Engineering. It is accordingly their case that they should be treated to be eligible for the posts advertised through the said advertisement No. 01/2019.

4. It is the petitioners’ case that earlier, selections were made for appointment as Junior Engineers in various departments on contractual basis, in which the petitioners, who held degree qualification, had participated and were selected. They discharged their functions and duties as Junior Engineers on contractual basis for several years and now when the departments of the State Government are going to make regular appointments, the petitioners are being arbitrarily denied on irrational ground of lack of essential educational qualification.

5. A counter affidavit has been filed on behalf of the Commission resisting the claim of the petitioners of being eligible in terms of qualification on the ground that they possess higher qualification. The Commission has relied on the statutory Rules framed by the Government of Bihar under Article 309 of the Constitution of India which regulate recruitment in Subordinate Engineering Service cadres.

6. Let it be noted that this is not in dispute that the posts which have been advertised, are under Subordinate Engineering Service cadre of various departments of the State of Bihar.

7. Reliance has been placed on behalf of the Respondents on a Division Bench decision of this Court rendered on 18.12.2018 passed in LPA No. 1416 of 2018 [Bihar State Power (Holding) Company Ltd. Vs. Md. Asif Hussain and others] to contend that acquisition of qualification of degree in Engineering cannot presuppose acquisition of diploma in Engineering qualification. Similar stand has been taken on behalf of the State Government of Bihar.

8. I have heard Mr. Ramakant Sharma, learned Sr. counsel appearing on behalf of the petitioners of CWJC No. 3483 of 2020 and Mr. Uday Bhan Singh, learned counsel representing the petitioners of CWJC No. 6735 of 2019. Mr. Nikesh Kumar, learned counsel has represented the Bihar Technical Service Commission and Mr. Shiv Shankar Prasad, learned SC-8, the State of Bihar.

9. Mr. Ramakant Sharma, learned senior counsel has placed reliance on following Supreme Court’s decision to boaster his contention:-

(i) (2010) 15 SCC 596 (Jyoti K.K. and others Vs. Kerala Public Service Commission and others)

(ii) (2019) 2 SCC 404 (Zahoor Ahmad Rather & Ors. Vs. Seikh Imtiyaz Ahmad & Ors.)

10. He has drawn my attention to certain interim orders passed by this Court in CWJC No. 7656 of 2019 and in the present case (CWJC No. 6735 of 2019) to contend that persons holding higher qualification of degree in Engineering have been provisionally allowed to apply against the said advertisement, subject to final outcome of the said case.

11. Though, the matters were listed in today’s list almost at the botto