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ANIL KUMAR SINHA
Aseem Kumar Thakur – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J. – By notification, dated 05.06.2018, the petitioner was appointed provisionally as the Principal, Polytechnic College, with effect from 02.07.2015 on the pay scale of Rs. 37,400 – 67,000/- plus A.G.P. Rs. 10,000/- and special allowance of Rs. 2,000/- (Level 14), issued by the Department of Science and Technology, Government of Bihar, Patna.
2. The grievance of the petitioner is that the petitioner has been declared ineligible candidate by the Bihar Public Service Commission in the selection process, conducted by it for the post of Principal of Engineering Colleges, which was advertised, vide Advertisement No. 15 of 2020, dated 06.08.2020.
3. The main contention of the petitioner is that the petitioner has erroneously been denied appointment and his candidature has wrongfully been rejected despite the fact that the petitioner was having adequate experience of more than three years in the requisite pay scale of Principal, i.e. equivalent to the Professor with effect from 02.07.2015.
4. In the aforesaid background the petitioner has filed the present writ application for a direction to the respondent authorities to consider the application of the petitioner submitted
The court established that a candidate's experience must be recognized as per the terms of prior court orders and that arbitrary denial of experience certificates undermines the principles of fairnes....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
The court ruled that altering eligibility criteria during a recruitment process violates principles of fairness, and candidates cannot retroactively challenge such conditions once participated in sel....
Adherence to original eligibility criteria specified in the advertisement and the entitlement of the appellant, belonging to the OBC category, to relief.
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Point of Law : Division Bench has rightly set aside action of the FCI in rejecting case of original writ petitioner and has rightly directed the FCI to consider the case of original writ petitioner f....
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