JUDGMENT :

The petitioners are applicants against Advertisements No. 51/2020, 52/2020 and 54/2020 issued by the Bihar Public Service Commission (‘Commission’ for short) for filling up the posts of Assistant Professors in the Government Engineering Colleges in the subjects of Mechanical Engineering, Computer Science and Engineering and Chemistry, respectively. The said selection process is governed by the Bihar Engineering Education Service Rules, 2020. The petitioners have served as Assistant Professors for some time in different Government Engineering Colleges on contractual basis, as disclosed in paragraph 7 of the writ petition. It is not in dispute that the Rules extend weightage to the candidates working on contract basis on the post of Assistant Professor under Department of Science and Technology and possessing minimum eligibility criteria @ five marks per year (maximum 25 marks). The selection process is divided in four parts, namely: -

2. The petitioners are aggrieved by Note 4 under paragraph 5 of the aforesaid advertisements issued by the Commission, which stipulates that the candidates shall be shortlisted for interview on the basis of the written examination. The said stipulation in Note 4 is under challenge in the present writ application on the ground that the same is in breach of the statutory rules.

3. Heard Mr. Kumar Kaushik, learned counsel appearing on behalf of the petitioners, Mr. Pushkar Narain Shahi, learned AAG-6 assisted by Mr. Mritunjay Kumar, learned AC for the respondent State and Mr. Lalit Kishore, learned Senior Counsel assisted by Mr. Sanjay Pandey, learned Advocate, for the respondent Commission.

4. Counter affidavits and supplementary counter affidavits have been filed on behalf of the respondents.

5. The sole issue for determination in the present writ application is as to whether aforesaid Note 4 mentioned under paragraph 5 of the advertisement is violative of the provisions under the Rules.

6. The prescribed qualification for direct appointment to the post of Assistant Professor in the Bihar Engineering Education Service as laid down in Table-1 of Appendix-1 of the Rules is as under: -

“B.E./B.Tech./B.S./B.Sc.(Engg.) and M.E./M.Tech/M.S or integrated M.Tech in relevant branch with First Class or Equivalent in any one of the degrees.”

No minimum experience is prescribed for the said post.

7. The weightage scheme for direct appointment to the post of Assistant Professor in Bihar Engineering Education Service has been prescribed in Table-2 of Appendix-1, which is as under: