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SANJAY KAROL, S. KUMAR
Varsha Kumari – Appellant
Versus
State of Bihar – Respondent
SANJAY KAROL, CJ.:–Petitioners have prayed for the following reliefs:—
(i) For setting aside Clause-5 (ii) of the Bihar Opthalmic Assistants joint cadre (Recruitment and Service Conditions) Rules, 2011.
(ii) For setting aside Clause-5(ii) of the Bihar Opthalmic Assistant Cadre (Recruitment & Service Conditions) Rules, 2019 (as amended).
(iii) For setting aside the letter no. 500(11)(dated 8.07.2020 issued by the Director in chief, Health Services, Government of Bihar, Patna, rejecting the representation of the National Opthalmic Association Bihar, Patna.
2. Petitioners got admission in course of ophthalmic assistant on the basis of entrance test conducted by the Bihar Combined Competitive Examination Council and at that time i.e. prior to 2011 the eligibility criteria for admission in Diploma in Opthalmic Assistant was 10+2 intermediate Science with Physics, Chemistry, English and either Mathematics or Biology. Petitioners are 10+2 intermediate with Physics, Chemistry, English and Mathematics and were admitted in the course of Opthalmic Assistant and passed the course of Diploma in Opthalmic Assistant from Government institute in between 2006-2011.
3. Department of Health, Government of
Court affirmed that the requirement for a discontinued course was improper, allowing candidates with a Diploma in Optometry to participate in selection without the three-month course.
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
it is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction. The relief sought....
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