ORAL JUDGMENT

Date: 23-01-2024 The present writ petition has been filed for setting aside the advertisement bearing Advertisement No. BCECEB/Rev/ DLRS-2023/01 dated 11.04.2023 issued by the Nodal OfÏcer, Land Reforms and Revenue Department, Government of Bihar, Patna, by which applications have been invited for the purposes of making recruitment on the posts of Special Survey Assistant Settlement OfÏcer, Special Survey Kanoongo, Special Survey Amin and Special Survey Clerk.

2. The brief facts of the case, according to the petitioners, are that the Department of Revenue and Land Reforms, Government of Bihar, Patna vide resolution dated 10.11.2018 had issued a scheme for making appointments on the aforesaid posts on contractual basis and in clause-4 thereof the minimum qualification has been prescribed. As far as the present case is concerned, since the petitioner no. 1 is vying for the post of Special Survey Kanoongo while the petitioner no. 2 for the post of Special Survey Amin, this Court would limit its consideration from the perspective of these two posts only.

3. In the aforesaid resolution dt. 10.11.2018, the minimum qualification required to be possessed by a candidate for being appointed on the post of Special Survey Kanoongo is diploma in Civil Engineering along with minimum two years’ experience while that for the post of Special Survey Amin is diploma in Civil Engineering. The Department of Revenue and Land Reforms, Government of Bihar had then notified the Bihar Special Survey Contractual Employee Payment Rules, 2019, vide Notification dated 27.02.2019 and the minimum qualification prescribed therein for the post of Special Survey Kanoongo and Special Survey Amin is Diploma in Civil Engineering plus minimum two years’ experience and Diploma in Civil Engineering respectively. The said rules were amended vide Notification dated 20.12.2022, however, the minimum educational qualifications remained the same. Thereafter, the advertisement in question was issued on 11.04.2023, by the Revenue and Land Reforms Department, Government of Bihar, Patna, however, in the said advertisement the minimum qualification has been changed and for the post of Special Survey Kanoongo, the minimum qualification prescribed is three years diploma in Civil Engineering from an institution registered with the State Board of Technical Education (hereinafter referred to as the ‘SBTE’) of the concerned State and recognized by the AICTE. Similarly, the minimum qualification prescribed for the post of Special Survey Amin is three years diploma in Civil Engineering from an institution registered with the SBTE of the concerned State and recognized by the AICTE.

4. Though, the petitioner no. 1 is stated to have not applied for being appointed on the post of Special Survey Kanoongo, in pursuance to the aforesaid advertisement dated 11.04.2023, however, it is the submission of the learned senior counsel for the petitioners that since the institution from where the petitioners have obtained diploma in Civil Engineering is not recognized by AICTE, although the same is recognized by UGC, the Petitioner No. 1, being not eligible, had not applied, nonetheless, though the petitioner no. 2 had applied for the post of Special Survey Amin, however, his candidature has not been considered at the time of counseling and instead the petitioner No. 2 has been asked in writing to produce proof of the fact that the institution from where he has obtained diploma in Civil Engineering is having recognition from AICTE.

5. The learned senior counsel for the petitioners has further submitted that it is a well settled law that the minimum qualifications prescribed in an advertisement, for the purposes of conducting the selection process, cannot be contrary to those prescribed in the statute/rules. It is thus contended that in the present case the aforesaid advertisement in question i.e. the one dated 11.04.2023, issued by the BCECEB for making appointments on various posts incl