SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole writ petitioner in this case wants the respondents to consider the petitioner as an eligible candidate for the post of Fisheries Extension Officer on the basis of his qualification and for this purpose he had made a prayer in this writ application that the respondents should hold that the degree of M.Sc. (Fisheries Management) granted to the petitioner by Central Institute of Fisheries Education (for sake of brevity hereinafter referred to as CIFE), Bombay as equivalent to degree of M.Sc. (Inland Fisheries Administration and Management) granted by the same Institute. On the same lines he has also prayed for a direction to the respondents to include M.Sc. (F.M.) degree also as one of the requisite qualifications for the post of District Fishery Officer or Fisheries Extension Officer (hereinafter referred to as FEO) in the State of Bihar and to give to the petitioner weightage for making over such candidates who have done M.Sc (IFAM) or Diploma in Fisheries Science from CIFE, Bombay or Bachelor of Fisheries Science from any recognised University.

(2.) THE Bihar Public Service Commission (hereinafter referred to as BPSC) vide its advertisement no. 85/98 published in local dailies on 21.6.1998 invited application for the 15 posts of FEO out of which 13 posts are for different reserved categories and two posts are for general category candidates. The petitioner of this case admittedly belongs to general category. As per said advertisement (An -nexure -8), the essential qualification for the post in question is as follows : B.Sc. (Zoology) with, from CIFE, Bombay two years Diploma course in Fisheries Science OR M.Sc. (IFAM) or Bachelor in Fisheries Science (B.F.Sc.) degree from any recognised University. The petitioner, on the basis of a certificate issued by CIFE, Bombay dated 19.9.1994 (Annexure -3) treated his degree of M.Sc. (FM) as equivalent to degree of M.Sc. (IFAM) and Diploma in Fisheries Science both offered by CIFE, Bombay and accordingly, applied for the post of FEO in response to the advertisement contained in Annexure -8 and subsequently he filed the present writ application when he came to know that BPSC is issuing interview letters only to those candidates who have obtained Diploma in Fisheries Science or M.Sc. (IFAM) from CIFE, Bombay.

(3.) IN the writ petition the petitioner has pleaded not only the" equivalence between his degree of M.Sc. (FM) with the degree of M.Sc. (IFAM), both issued by CIFE, Bombay but has further shown by eference to the number of optional and compulsory courses for both the degrees and also their respective Syllabus that his iegree of M.Sc. (FM) is superior to the degree of M.Sc. (IFAM) and that for naking the degree of M.Sc. (FM) equivalent to degree of Bachelor in Fisheries Science, the students who had me their B.Sc. from general stream were made to undergo one year deficiency course in the CIFE, Bombay. For this purpose, the petitioner has placed reliance upon a certificate from CIFE dated 3.8.1998 (Annexure -5).