JUDGMENT :

Heard the parties.

2. In the instant petition, petitioners have prayed for the following relief/reliefs:

“i. To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of mandamus commanding the Respondents to clarify that in terms of clause 3 educational qualification/criteria of the advertisement no. 06/2020, the diploma holder in Mechanical Engineering/ Automobile Engineering is the minimum qualification including Degree in Mechanical Engineering/Automobile Engineering and the applicants with the Degree certificate in Mechanical Engineering/ Automobile Engineering is also eligible to participate in the selection process for the appointment on the post of Motor Vehicle Inspector. (MVI).

ii. To issue an appropriate writ(s)/ order(s)/ direction (s) in the nature of Mandamus commanding the Respondents to accept the application from the candidates possessing the degree in Mechanical Engineering/ Automobile Engineering.

iii. To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of Mandamus commanding the Respondents to come out with fresh advertisement after amending the clause 3 educational qualification / criteria of the advertisement allowing the candidates possessing the degree in Mechanical Engineering/ Automobile Engineering to participate in the selection process.

iv. To any other relief(s) that the Petitioner is entitled to in the facts and circumstances of the case.”

3. The petitioners intend to participate in the process of selection and appointment to the post of Motor Vehicle Inspector pursuant to the advertisement issued by the respondent-Commission. The petitioners are qualified bachelor of Technical Engineering degree. In terms of cadre and recruitment Rule of the aforesaid post petitioners are ineligible as they do not possess minimum eligibility qualification and they possess higher qualification and they were seeking the Rule to be clarified that in the absence of prescribed qualification this court must read the Engineer graduates are eligible. The eligibility criteria for direct recruitment in the cadre of Motor Vehicle Inspector as on the date of advertisement is as under:

“Substitution of Rule 5 of the said The Bihar Transport (Technical) Cadre Rules, 2003 – Rule-5 of the said. The Rules, 2003 shall be substituted by the following:-“(5) Eligibility-The Minimum eligibility criterion for candidate for direct recruitment in the cadre on the post of motor vehicles inspector shall be the following :-

(I) 10th standard pass from any recognized Board; and

(ii) a Diploma in Automobile Engineering (three year course);

or

a Diploma in Mechanical Engineering (three year course), awarded by any institution recognized by the Central Government or State Government; and

(iii) holding a driving license authorizing to drive motor cycle with gear and light motor vehicles.”

4. Senior counsel for the petitioners submitted that eligibility criteria mentioned in Rule 5 of the Bihar Transport (Technical) Cadre Rules 2003 (amended vide amendment Rules, 2019) is substitution of Rule 5 to the original Rules. The aforesaid eligibility is in respect of minimum eligibility criteria for candidate for direct recruitment to the post of Motor Vehicle Inspector. Since petitioners are holders of degree in B.Tech, they are eligible to be participated in the process of selection and appointment to the post of Motor Vehicle Inspector even though degree qualification is not stipulated in the aforesaid Rule relating to eligibility, since they possess higher qualification than the minimum qualification and B.Tech qualification is deemed to be minimum qualification. In support of the aforesaid contention learned counsel for the petitioner cited the following decisions i.e. Jyoti K.K. and Others vs. Kerala Public Service Commission and Others 2010 (15) SCC 596, Paragraph 9 and Puneet Sharma and Others etc. vs. Himachal Pradesh State Electricity Board Limited and Another - Civil Appeal No. (S) 13181322 of 2021 decided on 07