The court upheld that only candidates with a B.Sc. (Hons.) are eligible for weightage marks in recruitment for Assistant Professors, denying equivalence to a B.Sc. degree.

JUDGMENT :

Anjani Kumar Sharan, J.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the B.P.S.C.

2. By filing the present writ application, the petitioner has prayed for the following reliefs:

i) For issuance of writ/wirts, order/orders, direction/directions commanding the respondent to treat the petitioner's qualification i.e. B.Sc. equivalent to B.Sc. (Hons.), in the light of notification bearing F5-1/2013 (CPP-II) published in Gazette of India dated 5th July, 2014 by the University Grant Commission.

ii) For issuance of writ/writs, order/orders, direction/directions commanding the respondent authorities to award 5% marks obtained by the petitioner in B.Sc. And therafter publish result.

iii) For issuance of any other appropriate writ/writs, order/order, direction/directions for which the petitioner shall be found entitled under the facts and circumstances.

3. Learned counsel for the petitioner submits that the petitioner has applied for the post of Assistant Professor in Govt. Engineering Colleges, against the vacancy advertised by the Bihar Public Service Commission, vide advertisement no. 63/2020 (Annexure-P/1 of writ petition). After scrutiny, the petitioner was found eligible and was allowed to appear in written (objective) competitive examination and accordingly, the concerned Authority issued Admit Card of the petitioner bearing Roll No. 630278. Thereafter, the petitioner appeared in the examination conducted by the Bihar Public service Commission and after examination, the Commission published result on 25.03.2023 in which the petitioner was declared successful for interview (Annexure-P/4 of writ petition), which was scheduled to be conducted on 12.04.2023. This petitioner has appeared before the Interview Board on the scheduled date and time along with relevant documents.

4. Learned counsel further submits that after interview as well as verification of the documents, the petitioner came to know that the Commission has uploaded the provisional marks on the website. Accordingly, she downloaded the provisional marks from the B.P.S.C. portal on 10.07.2023 in which she was granted "0" marks for the graduation percentage and in the remarks column it was stated as “No B.Sc. Physics (Hons.)” (Annexure-P/6 of writ petition), whereas she is eligible for allotment of marks for her graduate percentage i.e. 5% of her graduation percentage. Subsequently, she sought some information from Department of Science and Technology & B.P.S.C. under RTI on 11.07.2023 (Annexure-P/7 of writ petition).

5. Learned counsel further submits that the petitioner filed representation before the Secretary, Bihar Public Service Commission and requested to review the relevant documentation and policies to ensure a fair assessment of her qualifications and consider her B.Sc.(Physics) degree as valid, but nothing was done in her favour.

6. It is further submitted that vide memo no. 1621 dated 13.07.2021, the Joint Secretary, Department of Science and Technology, Govt. of Bihar informed the Secretary, B.P.S.C. that the Bihar Engineering Education Service Rules, 2020 deals with regard to the weightage scheme and the same is contained in Appendix (Table 2) which is as follows:-

Cadre Post Assistant Professor

Maximum 05 (5% of percentage marks obtained in B.Tech./B.E./ B.S./B.Sc.(Eng.)/ B.Sc. (Hons.)/B.A. (Hons.).

And this rule does not provide any marks for B.Sc. (without Hons.)/B.A.(without Hons.) and accordingly requested to go further in the light of notification no. 565 dated 13.02.2020. (Annexure-P/9)

7. It is further submitted that the Bihar Engineering Education Service Rule, 2020 as provided in Table-2 (Appendix-1) for providing weightage scheme for cadre post of Assistant Professor, i.e., 20 marks for Academic Record and Research Performance, 40 marks for written examination, 15 marks for interview and further 25 marks for Assistant Professor engaged as contract basis. (Annexure-P/10 of writ petition).

8. Learned c