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2023 Supreme(Pat) 34

ASHUTOSH KUMAR, SATYAVRAT VERMA
Bihar Staff Selection Commission, Patna, through its Secretary, Patna – Appellant
Versus
Arbind Kumar Dubey, Son of Birendra Dubey – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Satyabir Bharti, Adv. Ms. Sushmita Sharma, Adv. Mr. Abhishek Anand, Adv.
For the State : Mr. P.K. Shahi, A.G., Mr. Manish Dhari Singh, A.C. to A.G., Ms. Shama Sinha, Adv., Mr. Pratik Kumar Sinha, Adv.

JUDGMENT :

Ashutosh Kumar, J.

Heard the learned counsel for the parties.

2. The Bihar Staff Selection Commission (in short the Commission) has chosen to challenge the judgment and order passed by the learned Single Judge on 22-11-2021 in C.W.J.C. No. 7828 of 2020, directing the Commission to reconsider the eligibility of Respondent No. 1 for recommending him for appointment to the post of Lab Technician within a time-frame provided by the Court.

3. The Respondent No. 1 had applied against an advertisement published by the Commission, but was held to be not qualified enough for being considered. The reason for the same was that the Respondent No. 1 had obtained Diploma in Medical Laboratory Technician course from the College of Commerce, Magadh University, which is not in the list of recognized institutions for the qualification to be considered for such recommendation.

4. The learned Single Judge has referred to the Bihar Laboratory Technician Cadre Rules, 2014 (in short the Rules of 2014).

5. Sections 5 and 6 of the Rules of 2014 provide for the recruitment process and the minimum qualification, namely, I.Sc./10+2 (Biology), along with Diploma course of Lab Technician from a government

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