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PATNA HIGH COURT
HONOURABLE MR. HARISH KUMAR, J
Dr. Kumar Brajesh @ Kumar Brajesh – Appellant
Versus
The Bihar State University Service Commission through its Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner's eligibility and experience certificates. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding experience certificate validity. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis on advertisement compliance and experience validity. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court's directive for reconsideration of experience certificate. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
HARISH KUMAR, J.
1. Heard Mr. Anand Kumar Ojha, learned Senior Advocate along with Mr. Shankar Kumar, learned Advocate for the petitioner; Mr. Pawan Kumar, learned Advocate for Bihar State University Service Commission and Md. Zeeshan Kalim, learned Advocate for the State.
2. The petitioner, an aspirant for the Post of Assistant Professor (Physics) in the Universities of Bihar in connection with Advertisement No. AP-PHYS-20/20-21 dated 21.09.2020, has invoked the jurisdiction of this Court seeking a declaration that his non-inclusion in the list of selected candidates for the post of Assistant Professor (Physics) in EWS category, as contained in Notice No. 1640 dated 30.09.2024 issued by the Secretary, Bihar State University Service Commission (hereinafter referred to
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 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....
A valid experience certificate from a Government Analyst is mandatory for eligibility in recruitment as per the advertisement's terms.
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
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