SHASHI BHUSHAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel for the petitioner, the State and the respondent nos. 2 to 4. The petitioner seeks quashing of the letter dated 6228 dated 31.8.2013 issued by the Additional Secretary-cum-Examination Controller, Bihar Public Service Commission, Patna (hereinafter to be referred to as "B.P.S.C.") by which the petitioner was directed to produce his original certificate showing that he has passed the concerned B. Tech. examination on 23.6.2011 otherwise his candidature in the concerned examination would be cancelled.

(2.) The petitioner, pursuant to the advertisement no. 2/2011 published by the B.P.S.C. in the newspaper "Hindustan" dated 25.5.2011, applied for his appearance in the examination/test for appointment on the post of Assistant Engineer (Civil) in the Road Construction Department as well as for Public Health Engineering Department and the future vacancy, if any, in the Water Resources Department. It is claimed by the petitioner that in the aforesaid advertisement it was notified that the applicants must hold educational qualification of Degree/Diploma in Civil Engineering from recognized Indian University or Indian Engineering Colleges. The petitioner being student of Bangalore Institute of Technology under Technological University, Belgaum, Karnataka for the Sessions 2007-2011 has passed upto seventh semester and completed eighth semester course and had applied against the advertisement no. 2/2011 as no cutoff date for obtaining final degree showing passing of engineering examination was specified in the advertisement.

(3.) It is contended on behalf of the petitioner that he had appeared in the concerned examination of the last semester between 30.5.2011 to 8.6.2011 and was awaiting his final result. It is also contended that the petitioner qualified in the written test held by B.P.S.C. and, thereafter, interview letter was issued to him on 15.7.2013 but subsequently he received the impugned letter dated 31.8.2011 communicating the petitioner that he cannot be considered for his appearance in the interview unless he produces before 30.8.2011 a valid document showing that he had passed the concerned examination for degree/diploma before 23.6.2011. It is urged that, after allowing the petitioner to appear in the written examination, it was unreasonable on part of the B.P.S.C. to oust him at the time of interview specially when the petitioner had already obtained a valid degree before the date of interview.