BIHAR PUBLIC SERVICE COMMISSION Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) The appeal is filed by the Bihar Public Service Commission, (for brevity, BPSC) and the dispute arose between the 1st respondent and the 5th respondent, who were both applicants to the post of Assistant Professor, Hindi in the selection conducted by the appellant BPSC.

(2.) The 1st respondent-writ petitioner was not selected since the 5th respondent obtained higher marks. The contention is as to the marks that should be conceded to the candidates with an M.Phil qualification, which was obtained in accordance with the University Grants Commission (Minimum Standards and Procedure for Awards of M.Phil/PhD degree) Regulation, 2009 (hereinafter, UGC Regulations of 2009). The advertisement provided for four marks for M.Phil obtained in accordance with the UGC Regulations of 2009, while only two marks was awarded to the 1st respondent. If four marks were granted, then he would overstep the 5th respondent and get selected is the contention.

(3.) The learned Single Judge found two apparently conflicting judgments on the identical issue. One Jainendra Kumar v. The State of Bihar and Ors. dtd. 4/9/2021 in C.W.J.C. No. 23258 of 2019 and the other, Nitu Kumari v. The State of Bihar and Ors. dtd. 14/8/2020 in C.W.J.C. No. 7905 of 2019. In Jainendra Kumar (supra) a learned Single Judge of this Court found that the petitioner, who had passed the M.Phil degree; was found to have obtained it without compliance of certain clauses of the UGC Regulations of 2009. But in Nitu Kumari (supra) it was found that the criteria for selection was changed midway, as has been done by the notification dtd. 15/5/2018, which change was held to be redundant, inapplicable and not necessary to be complied with qua the petitioner for the purposes of consideration of her case for appointment to the post of Assistant Professor in Hindi, pursuant to that very same advertisement, in which all concerned, including the respondents 1 and 5 in this appeal participated.