JUDGMENT :

1. The facts in the present case are not at all in dispute.

2. The Bihar Staff Selection Commission (hereinafter referred to as 'the Commission') came out with an Advertisement No. 05010115 dated 21.06.2015 inviting applications for the post of Lab Technicians (Annexure 1). It prescribed that the aspirants must possess the minimum educational qualification and technical qualification as prescribed thereunder. The advertisement further prescribed the procedure for the preparation of merit list. Respective merits of the candidates, in terms of the advertisement, was to be determined on the basis of 85 marks for 'educational qualification, higher education, technical qualification and work experience'. The rest of the 15 marks were allotted for the interview. Merit of a candidate was to be thus determined on the basis of 100 full marks. The distribution of marks against educational qualification, higher qualification, technical qualification and work experience has been clearly mentioned in the advertisement. It prescribes inter alia that a candidate shall be awarded 10 marks on the basis of their score in higher qualification (B.Sc./M.Sc).

3. The petitioner possessed requisite minimum educational qualification, which makes him eligible to apply. He holds B.Sc. Hons. degree in Chemistry with first class. He applied for the post pursuant to the advertisement as Backward Class Category candidate. The cut-off marks for calling for the interview in the said category have been fixed at 31.025. The petitioner has been awarded by the Commission 28.44 marks. Accordingly, he was not called for the interview. Upon enquiry, the petitioner learnt that his score against higher qualification of B.Sc. Hons.(Chemistry) has not been considered by the Commission while determining his merit position. In the said background, the present writ application has been filed, seeking a direction to the respondents Commission to award 10 marks against his higher qualification of B.Sc. Hons. (Chemistry) in terms of the advertisement.

4. A counter affidavit has been filed on behalf of the Bihar Staff Selection Commission, stating therein that the petitioner's qualification of B.Sc. Hons. in Chemistry cannot be treated to be higher qualification, as the same is not in the same stream or in the same subject in relation to which the posts have been advertised. It has been stated that the requisitioning Health Department, Government of Bihar vide letter no. 1454 (4) dated 07.12.2017 had mentioned that those candidates of Lab Technician, who have higher degree (B.Sc./M.Sc.) in the concerned related subjects, in place of Diploma will be treated eligible for appointment but if the candidates, who have higher degree (B.Sc./M.Sc.) in other subjects (not related subjects), they will not be treated as eligible. In the said letter dated 07.12.2017, it has been clearly mentioned that 25 marks is to be given to the candidates who have B.Sc. degree instead of Diploma course in the concerned subject treating B.Sc. degree as meeting the qualifying requirement and in case of such candidates only 10 marks is to be awarded for their M.Sc. degree. Accordingly, it is the case of the Commission that no weightage can be given to this petitioner for his qualification of B.Sc. Hons. degree in Chemistry.

5. Mr. Narayan Singh, learned Senior counsel appearing on behalf of the petitioner has submitted that the terms of advertisement only shall govern the selection procedure and there being no stipulation in the advertisement that one should have higher degree/qualification in stream related to subject of Diploma in Lab Technician, the respondents cannot now change the rule of the game by giving an interpretation to the terms of advertisement. He has placed reliance on a decision rendered by a coordinate Bench of this Court dated 25.09.2018 passed in C.W.J.C. No. 4504 of 2018 (P