JUDGMENT :

P.B. BAJANTHRI, J.

Re: I.A. No. 01 of 2020 and I.A. No. 04 of 2022 (arising out of L.P.A. No. 158 of 2020)

1. Heard Interlocutory Applications for condonation of delay in filing present L.P.A.

2. For the reasons stated in the application and affidavit, delay of about 40 days is condoned.

3. Accordingly I.A. No. 01 of 2020 and I.A. No. 04 of 2022 for condonation of delay and rectification of I.A. No. 01 of 2020 are allowed.

4. With the consent of the learned counsels for respective parties matter is taken up for final disposal.

5. These two L.P.A. are filed by the State of Bihar and Arvind Kumar. They are aggrieved by the order of the learned Single Judge dated 10.12.2019 passed in Sanjeev Kumar Mishra vs. State of Bihar and Others, C.W.J.C. No. 22551 of 2019.

6. Appellant-Arvind Kumar is holder of Diploma in Pharmacy. On the other hand, Respondents-Sanjeev Kumar Mishra and Others were holders of M.Pharma/B. Pharma. Sanjeev Kumar Mishra in his C.W.J.C. No. 22551 of 2019 has prayed for following reliefs:

“(a) For issuance of writ in the nature of Mandamus, directing and commanding upon the respondent authorities, to immediately remove the technical glitch in the functioning of Website of - www.statehealthsocietybihar.org, which is not having necessary option for registration for applicants/Petitioner having Bachelors in Pharmacy degree for Advertisement No. 07/2019 dated 25.10.2019 issued by the Executive Director, State Health Society, Bihar for the post of Pharmacist and provide option for registration for candidates/Petitioner having Bachelors in Pharmacy degree.

(b) For issuance of an appropriate writ, directing and commanding upon the respondent authorities to provide necessary option for registration for candidates/Petitioner having Bachelors in Pharmacy degree for Advertisement No. 07/2019 dated 25.10.2019 issued by the Executive Director, State Health Society, Bihar for the post of Pharmacist.

(c) For any other relief/reliefs which this Hon'ble Court deems fit.”

7. The learned Single Judge allowed the writ application of Sanjeev Kumar Mishra with following directions (Para 39):

“39. The respondents are accordingly directed to allow the petitioner and other similarly circumstanced persons, holding B. Pharma/M. Pharma qualification, to apply against the said post. It has been stated at the bar that last date for submission of application form has expired on 21.11.2019. The Bihar State Health Society is, therefore, directed to make necessary arrangement/changes in its software and extend the last date of submission of application forms at least by a fortnight from today for candidates holding B.Pharma/ M.Pharma qualification.”

8. Feeling aggrieved and dissatisfied with the aforesaid direction, appellant-Arvind Kumar and the State are in L.P.A.

9. Brief facts of the case are that both appellant-Arvind Kumar and Respondent-Sanjeev Kumar Mishra intend to participate in the process of selection and appointment to the post of Pharmacist pursuant to Advertisement No. 07/2019. The post of Pharmacist is governed by the rules called “Bihar Pharmacist Cadre Rules, 2014” (for short Rules 2014) issued under Article 309 of Constitution. We passed the following order on 26.09.2022 and 09.11.2022 in C.W.J.C. No. 7120 of 2021 which was delinked on 09.11.2022.

10. Order dated 26.09.2022 reads as under:

“Matter is heard for sometime.

Core issue involved in the present petition is whether Respondents/petitioners are entitled to participate in the process of selection and appointment to the post Pharmacist in the light of Rules called “Bihar Pharmacist Cadre Rules, 2014” (For short “Rules 2014”).

Rule 6 of Rules, 2014 provides for qualification which reads as under:

“6. Qualifications:

(1) For appointment by direct recruitment to the basic category posts, minimum educational qualification shall be Intermediate/10+2 (Science) pass and passing in all