JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. Since both the cases involve common issue and are based on identical facts, they have been heard together with the consent of the parties and are being disposed of by present common judgment and order.

3. I have heard Mr. Harsh Singh, learned counsel for the petitioners and Mr. Lalit Kishore, learned Accountant General as Senior counsel assisted by Mr. Sanjay Pandey, learned counsel for the Bihar Public Service Commission (B.P.S.C. in short) in both the cases. Mr. Anjani Kumar, learned AAG-4 and Mr. PK. Verma, learned AAG-3 assisted by Ms. Divya Verma, learned AC to AAG-3 have represented the State of Bihar in C.W.J.C. No. 13107 of 2021 and C.W.J.C. No. 13421 of 2021 respectively.

4. Considering the nature of controversy involved in these matters, it is deemed beneficial to narrate, albeit briefly, the basic undisputed facts before noticing the relief which the petitioners have sought and rest of the matter.

5. These applications made under Article 226 of the Constitution of India arise out of a recruitment process for appointment as Assistant Engineers (civil engineering) pursuant to an advertisement issued by the B.P.S.C. vide Advertisement No. 02/2017. Clause 1 of the advertisement prescribed the educational qualification, which required that an aspirant must possess a degree qualification of any Indian University in civil engineering or diploma qualification from any Indian engineering college. The advertisement laid down the procedure for recruitment, clause 7 of which inter alia required an aspirant to enclose amongst other documents, self-attested photo copy of the certificate relating to B.Tech/B.E. qualification along with the application. The candidates were required to retain the originals of such certificates mentioned in the clause 7 of the advertisement.

6. The petitioner in C.W.J.C. No. 13107 of 2021 is said to have secured B.Tech (civil engineering examination) held by Vinoba Bhave University, Hazaribagh (Jharkhand) in the month of May, 2011 as a student of B.I.T. Sindri, Sindri in the State of Jharkhand. Petitioner no. 1 of C.W.J.C. No. 13421 of 2021 claims that she obtained the B.Tech qualification in civil engineering after having passed the final B.Tech (civil engineering examination) of the same Vinoba Bhave University, Hazaribagh held in the month of May, 2016, as a student of Ram Govind Institute of Technology. Petitioner no. 2 of C.W.J.C. No. 13421 of 2021 claims that he passed B.Tech (civil engineering examination) of the same University held in the month of May, 2015, as a student of B.I.T. Sindri. It is accordingly their case that on the date of publication of the advertisement, they held the educational qualification of degree in civil engineering from an Indian University viz. Vinoba Bhave University, Hazaribagh. In response to the said advertisement, they applied. Along with their application forms, the petitioners enclosed their respective provisional certificates relating to B.Tech issued by their respective institutions viz. B.I.T. Sindri and Ram Govind Institute of Technology. They participated in the preliminary test and the mains examinations held by the B.P.S.C. and were declared successful. They appeared for interview, as per the schedule fixed by the B.P.S.C. The programme for interview and the guidelines in that regard issued by the B.P.S.C. (Annexure 4 to the writ application) required the candidates to present original certificate(s) in relation to their education qualification. It further required that only such certificates in relation to educational qualification of a candidate shall be considered by the B.P.S.C, which were mentioned in his/her provisional application. It further required that such certificates in relation to educational qualification must have been issued before the last date of submission of application form i.e. 12.04.2017.

7. As the petitioners had submitted their