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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
CWJC No.10224 of 2022
(6.2.2024)
Dr. Aseem Kumar Thakur ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
University Laws – Selection/Appointment – Denial – Petitioner was appointed provisionally as the Principal, Polytechnic College, with effect from 02.07.2015 on the pay scale Level 14 – Petitioner has been declared ineligible candidate by the Bihar Public Service Commission in the selection process – Petitioner was having adequate experience of more than three years in the requisite pay scale of Principal – Ground of rejection of candidature of the petitioner is that minimum 15 years of experience in teaching/research/industry, out of which at least three years shall be at the post equivalent to that of Professor, in the pay scale of Level 14 – Respondent contention is petitioner shall not be entitled to get the experience certificate from 02.07.2015, and he is being treated as Principal from the actual date of his joining, i.e. 11.06.2018 – Petitioner was having experience of more than three years at the post equivalent to that of the Professor in the pay scale of Level 14 on the date of publication of Advertisement by the Bihar Public Service Commission – Refusal to grant experience certificate to the petitioner with effect from 02.07.2015 by the Department of Science and Technology is not justified in law as well as in the facts – Impugned Letter set aside – Respondent directed to issue experience certificate to the petitioner with effect from 02.07.2015 as Principal Polytechnic College, in the pay scale of Level 14, within a period of fifteen days – Experience certificate shall be subject to final outcome of the S.L.P. preferred by State – After receipt of the experience certificate petitioner shall produce the same immediately within a period of two weeks of receipt and Bihar Public Service Commission directed to consider the candidature of the petitioner for the three vacant posts of Principal in accordance with law and take a final decision within a period of four weeks – Till the final decision one post of Principal shall be kept reserved – Writ application allowed – No order as to costs. (Paras 26 to 32)
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 pursuant to the Advertisement No. 15 of 2020, dated 06.08.2020, for the post of Principal in Government Engineering Colleges, under the Science and Technology Department, Government of Bihar, as the petitioner fulfills all the criteria and experience for the post advertised. The petitioner has also prayed for quashing of the Letter No. 1508, dated 31.05.2022 (Annexure 7) of the Science and Technology Department, Government of Bihar, whereby the respondents refused to issue experience certificate since 02.07.2015.
5. The brief facts of the case is that the Bihar Public Service Commission published Advertisement No. 15 of 2020, dated 06.08.2020, inviting online applications from the eligible candidates for filling up 32 posts of Principal in Government Engineering Colleges in the Science and Technology Department, Government of Bihar.
6. The petitioner applied for the post of Principal and submitted online application on 02.09.2020. At the time of submission of his online application form, the petitioner was working as Principal, Kameshwar Narayan Singh Government Polytechnic College, Samastipur, and after having obtained permission from the Department, he duly applied for the advertised post of Principal in Government Engineering Colleges.
7. Earlier, pursuant to the advertisement issued by the Bihar Public Service Commission for appointment on the post of Principal in Polytechnic College, the petitioner had applied and participated in the selection process. After the selection process was over, the candidature of the petitioner was rejected on the ground that the petitioner was not working against a post having AGP of Rs. 9,000/-, as Head of the Department.
8. The petitioner had moved before this Court challenging the rejection of his candidature on the post of Principal, Polytechnic College and at the stage of letters patent appeal, bearing L.P.A. No. 655 of 2016, the petitioner succeeded and a Division Bench of this Court, vide order, dated 19.07.2017, held that the appellant (petitioner herein) shall be deemed to be holding the post as Head of the Department with AGP of Rs. 9,000/- with effect from 17.10.2011 and in rejecting his claim by holding that the appellant/petitioner did not fulfill the requisite criteria, the Division Bench held that the respondents have committed an error in this regard inasmuch as while considering the claim of the eligible candidates, the appellant’s case has been left out on account of improper consideration.
9. In compliance of the order, dated 19.07.2017, passed in LPA No. 655 of 2016, the Science and Technology Department, Government of Bihar, issued Office Order No. 1397, dated 05.06.2018, by which on the recommendation of the Bihar Public Service Commission, dated 01.11.2017, the petitioner was provisionally appoint
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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