The court upheld the rejection of the petitioner's candidature as her MA (P.Ed) was not equivalent to the required M.P.Ed, confirming the necessity of adhering to specified qualifications in recruitment advertisements.

JUDGMENT :

ANJANI KUMAR SHARAN, J.

1. Heard learned counsel for the petitioner and learned counsels for the respondents.

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

(I) For issuance of a writ/writs, order/orders and thereby issuing writ of certiorari and thereby quashing result dated 04.07.2020 (issued by the Respondent Commission) to the extent the candidature of the petitioner has been cancelled and her qualification has not been considered to be in the terms of the advertisement.

(II) For issuance of a writ of Mandamus directing the concerned respondents to consider the candidature of the petitioner and declare her result after treating her qualification to be a valid qualification in terms with the advertisement.

(III) For declaring the petitioner as a successful candidate for the purpose of recruitments of Lecturer (Physical Education) to the Government Teachers Training College in terms of Advertisement No. 03/2016 dated 03.05.2016

(IV) For issuance of a writ/writs, order/orders including the writ of mandamus and thereby directing the respondents to modify the results dated 04.07.2020 to the extent to include the name of the petitioner in the name of the successful candidates.

(V) For issuance of a writ/writs, order/orders including the writ of certiorari and thereby quashing the letters dated 26.06.2020 (after directing the respondents to bring on record the same) issued by the Education Department whereby and whereunder the qualifications of the petitioner i.e. MA (P.Ed) were not considered equivalent to the degree of M.P. Ed.

(VI) For issuance of an writ/writs, order/orders including the writ of mandamus and thereby giving consequential directions to the respondents to consider the petitioner at par with other successful candidates and issue appointment letter and all the other consequential benefits.

(VII) For holding that the petitioner has the requisite qualification to be appointed on the post of Lecturer (Physical Education) to the Government Teachers Training College in terms of Advertisement No. 03/2016 dated 03.05.2016.

(VIII) For holding that the Respondents erred in rejecting the candidature of the petitioner on the grounds that the petitioner holds a degree of MA (P.Ed) and not the degree of M.P.Ed.

(IX) For holding that once the eligibility of the petitioner was considered on the basis of a set of facts and materials, then it cannot be rejected afterwards.

(X) For holding that the respondents cannot keep the requirement of the degree of MP.Ed as mandatory requirement ignoring the fact that the degree is not offered in any institution in the State of Bihar.

(XI) For issuance of any other order/orders which may deem fit under the facts and circumstances of the case.

3. The fact of the case, in brief, is that the respondent Commission vide Advertisement No. 03/2016 dated 03.05.2016 invited application for selection to the 26 post of lecturers for subject in Physical Education at various Training Colleges in Bihar. Petitioner being eligible had offered her candidature for the post of Lecturer (Physical Education) to the Government Teachers Training College in terms of the aforesaid advertisement. As the petitioner was fulfilling all the eligibility criteria as required, her candidature was accepted and she was allowed to participate in the selection process. A list of eligible candidates to participate in the recruitment process was issued. The name of the petitioner was appearing in the aforesaid list at S. No. 45 and she was allotted Roll No. 300045.

4. The selection process comprised of objective test, which was conducted on 26.08.2018. The petitioner participated in the same and got successful in the written examination, which is also evident from Annexure-P/3. Thereafter, she was asked to appear on 23.06.2020 for document verification and Interview. Her documents and certificate demonstrating her qualification and eligibility were found in order and she was allowed to p