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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, S. Kumar, JJ.
Vinit Kumar S/o Uday Kant Jha - Appellant
Versus
The State of Bihar through the Chief Secretary, Government of Bihar, Patna - Respondent
Civil Writ Jurisdiction Case No.7312 of 2021 with Civil Writ Jurisdiction Case No. 21651 of 2018, Civil Writ Jurisdiction Case No. 7685, 9887, 10816, 13389, 14305, 15860, 16296, 16775, 17726, 5056 of 2019
Decided On : 19-04-2022
Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rule, 2017 – Rule 4(a) – Constitution of India – Articles 14 and 16 – Vires of – By virtue of Rule 4(a), 40 % seats of total vacant post has been reserved for candidates holding Diploma certificate from Government Polytechnic Institutes within State of Bihar – Law does not permit employer to apply rules differently in relation to persons similarly situated – A classification is reasonable if it includes all persons who are similarly situated with respect to purpose of law – Classification must be founded on some reasonable grounds, which distinguishes persons who are grouped together and grounds of distinction must have rational relation to object sought to be achieved by Rule – When 2015 Recruitment Rules were satisfactorily working and appointments were being made without any controversy or complaint or grievances, what prompted / prevailed upon government to bring 2017 Amendment Rules, when skilled man power is need of hour and demand of skilled man power cannot be fulfilled by government polytechnic institutes and incentives were provided by Government of Bihar for opening private affiliated polytechnic Institutes – Apex Court has approved/permitted 50% of institutional reservation in matter of admission/employment to students, who have passed out from technical institutions situated within State but has not made any distinction with respect to Government Technical Institutions and Private Technical Institutions – Effect of 2017 amending Rules will be that even petitioners being more meritorious and have scored higher marks, they will be deprived of appointment only for reason that they have obtained diploma certificate from affiliated polytechnic institute, whereas, candidate having lower merit, will get appointment only for reason that he has obtained diploma certificate from a government polytechnic institute, although diploma certificate has been granted by same institute, i.e., State Board of Technical Institute, Government of Bihar, Patna – Government of Bihar has granted 50% of Institutional Reservation in matter of admission/employment with respect to degree holders who have passed from Medical Colleges/Engineering Colleges/ Veterinary Colleges within State of Bihar, but in case of diploma holders, 40% institutional reservation has been given to diploma holders of Government Polytechnic Institute only excluding petitioners, which is discriminatory, arbitrary, irrational and violative of Articles 14 and 16 of the Constitution of India – Rule 4(A) of the Bihar Water Resources Department Subordinate Engineering (Civil Cadre Recruitment) Amendment, 2017 are held to be arbitrary, discriminatory and unreasonable – 40% institutional reservation shall be provided to all affiliated and recognized polytechnic institutions by AICTU within State of Bihar and merit list/select list is to be prepared accordingly – Appointments made to extent in terms of Rule 4(A) of amending Rules, 2017 are set aside and Bihar State Technical Selection Commission directed to prepare a fresh select/merit list granting 40% institutional reservation to all from any polytechnic institutes recognized by AICTU and affiliated by State Board of Technical Institutions, Bihar, Patna within State of Bihar – Appeal Allowed. (Paras 14, 21 to 27, 29 and 32)
JUDGMENT :
S. Kumar, J.
Heard learned counsel for the parties.
Petitioners have prayed for following reliefs:-
(II) For quashing Clause 3(ii) of the advertisement no.01/2019 dated 03.03.2019 (Annexure 5 in CWJC No.7312 of 2021) issued by the Revenue and Land Reforms Department, (Directorate of Land Records and Survey) Government of Bihar, by which 40 % seats of total vacant posts has been reserved for the candidates holding Diploma certificate from the Government Polytechnic Institute within the State of Bihar.
(III) For quashing Clause 4 (iv) (ka) of the advertisement No.01/2019 published by the Bihar Technical Service Commission on 08.03.2019, (Annexure 6 in CWJC No.7312 of 2021), by which 40 % seats of total vacant posts has been reserved for the candidates holding Diploma certificate from the Government Polytechnic Institute within the State of Bihar.
(IV) For quashing Clause 5(2) of the advertisement dated 03.08.2018 issued by Department of Panchayati Raj, Government of Bihar (Annexure 1 in CWJC No.21651 of 2018) for appointment of Technical Assistant (having Diploma in Civil Engineering from recognized Polytechnic) whereby 40% seats have reserved for the candidates from the recognized Government Polytechnic Institute.
2. Briefly stated the facts of the case is that petitioners have completed Diploma courses from different affiliated polytechnic institutes situated within the State of Bihar in different academic sessions and were granted diploma certificate by State Board of Technical Institute, Government of Bihar, Patna.
3. It is submitted that students who are studying in Government Institutes or private institutes are granted diploma certificates by the State Board of Technical Institute, Bihar who conducts semester examinations of both and, as such, pass-out students from Government or private Polytechnic recognized institutions are granted certificates from same examining body.
4. State Board of Technical Education, Bihar is responsible for conducting the examination of both the institutions, Government or Private and award diploma certificate in terms of General Rules for Diploma in Engineering / Technology Examinations dated 3.7.2017.
5. There is common entrance examination for admission in diploma / certificate course run by Government Polytechnic Institutions and private affiliated Polytechnic Institutions called Diploma Certificate Entrance Competitive Examination which is conducted by Bihar Combined Entrance Competitive Examination Board, which enables candidates to take admission either in Government Polytechnic institutions or private affiliated polytechnic institutions as per their ranking in the merit list.
6. AICTU is the statutory body regulating the standard of Technical Education and grants approval for opening of the Government Polytechnic Institutes or private Polytechnic Institutes and both Government Polytechnic Institutes or Private Polytechnic Institutes are granted recognition by the All India Council of Technical Education (AICTU) and thereafter affiliation is granted by the State Board of Technical Institution, Bihar, Patna.
7. Water Resources Department of Bihar, which is a nodal agency at Government level, vide notification dated 11.05.2015, notified the Bihar Water Resources Department Subordinate Engineering (Civil Cadre Recruitment Rules, 2015) framed under Article 309 of the Constitution of India. Clause 5 of said Rule provided that provision of Bihar Reservation
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