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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, PARTHA SARTHY
Appu Kumar S/o Bahadur Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ASHUTOSH KUMAR, ACJ.
1. The petitioners, all of whom have qualification of B.Tech (Civil) from Institutions recognized by All India Council For Technical Education (AICTE) have challenged the constitutionality of Rule 8(1)(ii) and (iii) of the Bihar Water Resource Department Subordinate Engineering (Civil) Cadre Recruitment Rules 2023 (to be referred to as “2023 rules” hereinafter) which has prescribed diploma or equivalent in Civil /Mechanical/Electrical engineering as the qualification for appointment to the post of Junior Engineer (Civil) on the ground of the same being arbitrary, irrational and unconstitutional.
2. The issues raised here are not new and have been discussed in many of the judgments of this Court as also of the Supreme Court.
3. To have a clear understanding of the nature of challenge by the petitioners, it would, albeit, be necessary to briefly refer to the earlier rule in this regard.
4. The Bihar Water Resource Department Subordinate Engineering (Civil) Cadre Recruitment Rules, 2015 provided that for Junior Engineer (Civil), the qualification would be diploma or equivalent qualification holder in Civil Engineering. The technical qualification/eligibility
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
Appointment on Post of Junior Engineer (Electrical) – Minimum qualification for the post cannot be deemed to be only matriculation but rather that only such of those matriculates, or 10+2 pass studen....
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
The main legal point established in the judgment is the interpretation of the conflict between the Special Rules and Section 25(b) of the Act, and the court's finding that the fiction under Section 2....
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
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