RAHUL KUMAR Vs. BIHAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The present Letters Patent Appeal has been preferred by the appellants against the judgment dtd. 18/4/2022 passed by the learned single Judge in C.W.J.C. No. 3881 of 2022 whereby he has dismissed the writ petition.

(2.) Mr. Harsh Singh, learned counsel for the appellants contended that the appellants having passed the final examination held in the year 2018 had been admitted to the degree of Bachelor of Engineering in Construction Engineering from Jadavpur University, Kolkata. On 8/3/2019, an Advertisement was published by the Bihar Public Service Commission (for short the 'BPSC') inviting recruitment for the posts of Assistant Engineer (Civil) in different departments of the Government of Bihar. In terms of clause 3 of the Advertisement, a candidate was required to possess a degree in Civil Engineering from the Institute/University approved by the AICTE or approved by the UGC. The AICTE, New Delhi vide its notification dtd. 28/4/2017 published All India Council for Technical Education (Major/Care Branch of Engineering/Technology and their relevant/appropriate course leading to degree in Engineering/Technology 2017) for recruitment to teaching position wherein Construction Engineering was shown as a corresponding course and as a relevant/appropriate nomenclature of undergraduate degree in Civil Engineering. The AICTE vide subsequent notification clarified that earlier notification dtd. 28/4/2017 was also applicable to other Government posts and jobs. Hence, in pursuance of the Advertisement No. 1 of 2019, the appellants submitted their online application form within stipulated period for the post of Assistant Engineer. On 16/2/2022 the BPSC after scrutiny of applications published list of ineligible candidates for the Advertisement whose degree/institution/Branch were not found to be as per the requirement in the advertisement and the appellants were shocked to find their names and registration numbers mentioned in the said list at SI. No.53 and 87 respectively. The appellants immediately approached the respondent-BPSC and they were declared ineligible as their degree was in Construction Engineering whereas the eligibility requirement under the Advertisement was of degree in Civil Engineering.

(3.) Mr. Singh, learned counsel for the appellants submitted that though the appellants preferred representation before the BPSC, the BPSC did not act upon their representations and, on 3/3/2022, the schedule for examination of Advertisement No. 1 of 2019 was published. Under such circumstance, a writ petition was filed before the Court, but the same has been dismissed by the learned single Judge vide order dtd. 18/4/2022 on the ground that the examination had already been conducted on 12/3/2022 and 13/3/2022. He contended that the learned single Judge did not appreciate the contention advanced on behalf of the appellants that they had taken all reasonable steps within their reach for early listing of the case but they could not succeed in getting the matter listed. He further contended that the rejection of the candidature of the appellants in a competitive examination for a public post amounted to infringement of appellants fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India. He contended that even if the examination had been held, the prayer made on behalf of the appellants for issuance of an appropriate writ declaring that their degree in Construction Engineering is equivalent to and an approved nomenclature of the degree in Civil Engineering ought to have been adjudicated, as non adjudication of the said issue would deprive the appellants from appearing in future competitive examinations also.