Ashutosh Kumar, J. – L.P.A. No. 39 of 2022 (Ravi Kumar Singh vs. the State of Bihar) and L.P.A. No. 13 of 2022 (Ram Babu Azad vs. the State of Bihar) have been taken up together and are being disposed of by this common Judgment.

2. The appellants in L.P.A. No. 39 of 2022 and the State in L.P.A No. 13 of 2022 have challenged the judgment and order dated 07.12.2021, passed by the learned Single Judge of this Court in C.W.J.C. No. 2310/2020, wherein, the Advertisement (Vivran Pustika) issued by the Department of Revenue and Land Reforms, Govt. of Bihar dated 21.12.2019 for appointment on 1767 posts of Amins has been cancelled / set aside, reserving the liberty to the State to notify the posts in terms of Bihar Amin Cadre Rules, 2013 (hereinafter referred to as 2013 Rules) within a period of three months from the passing of the order.

3. The aforesaid order was passed by the learned Single Judge on finding that the qualification fixed in the Advertisement was not in terms of Rule 6 of 2013 Rules. The learned Single Judge, it has been urged, did not take into account that the qualification required for appointment of Amins was lowered by the amendments in the 2013 Rules in the year 2016 and 2017.

4. In order to appreciate the contention of the parties, it would be appropriate to refer to the provisions of appointment contained in the amended 2013 Rules. Rule 6 of the unamended 2013 Rules provides that the direct appointment to the post of Amins shall be made on the basis of the recommendation obtained from the Bihar Staf Selection Commission through competitive examination conducted for the post of Amins. Sub-clause-(II) of Rule 6 further specifies that separate requisition of the District Sub-Cadre, Directorate of Consolidation Sub-Cadre and Directorate of Land Records and Survey Sub-Cadre shall be sent to the Commission. Sub-clause (III) further indicates that it would be essential for the candidates to have certificate of Intermediate (10+2) or equivalent qualification from a recognized Board or equivalent Institutions and degree of Amanat from a Govt. recognized Institute or success in the training of Surveyor from I.T.I. (Emphasis provided by us)

5. Out of sheer necessity, it would also be relevant to refer to Rule -7 of 2013 Rules, which provides for the written syllabus for the competitive examination. For appointment to the post of Amins, the Rules prescribe that there shall be a competitive examination to be conducted by the Staf Selection Commission consisting of two papers with full marks of 100, viz. General Knowledge, Current Events, General Science for 50 marks and General Hindi for 50 marks in first paper and General Mathematics for 50 marks of matric level and 50 marks for Amanat related questions in the second paper.

6. The afore-noted 2013 Rules were amended in 2016 and 2017 as noted above.

7. The 2016 amendment to the Rules came on 15.06.2016 which substituted Sub-clause-(III) of Rule 6 of the 2013 Rules, specifying that for appointment to the post of Amin, the candidate must have passed the Intermediate (10+2) or any other equivalent examination from any recognized Board/equivalent Institution and marks will also be given for experience of Amanat obtained for the services in the State Govt. The maximum marks for experience would be 25 and five marks for each year would be allocated. The calculation of experience would be made as per the calendar year and more than six months of experience would be counted as one year and less than six months experience would be counted as zero year.

8. Rule 7 of 2013 Rules was also amended.

9. The syllabus now, according to the 2016 amendment, would comprise competitive examination of 75 marks to be held by the Commission for appointment to the posts of Amin. There would be one question paper in which, there shall be three parts ; part-I consisting of General Knowledge, Current Afairs, General Science and General Hindi of 25 marks; part -II of General Maths of 25 marks ; and part -II