JATA SHANKAR JHA Vs. MADHUBANI MUNICIPALITY

JUDGEMENT

(1.) This matter relates to an issue created on the recruitment of a Junior Engineer (Civil) by the Madhubani Municipality. The petition was filed by one Binod Kumar on the ground that he holds a degree in Civil Engineering and he has been unsuited on the ground that he was over qualified. The learned Judge in his order dated 28 July, 1997 on CWJC. No. 12899 of 1993 was of the view that when a selection to a public post is being made and there is a basic qualification, earlier the qualification, in context, stood as a diploma in Civil Engineering subsequently as a degree in Civil Engineering, there is no such thing as over qualification. The candidates were to be considered on merits. The fact that the petitioner Binod Kumar was unsuited on the ground that he was over qualified was certified to be as incorrect and the Municipality was directed to consider the case afresh of the petitioner along with others on merits.

(2.) Perhaps, respondent No. 3 (Jata Shankar Jha) as arrayed in the writ petition felt aggrieved by the Court's decision that the matter may have to be relooked by the Municipality by yet going into an exercise in selecting the candidate on merits, filed the present appeal.

(3.) By the time the Court is being called upon to consider the merits on the decision of the writ petition, the decision being 28 July, 1997, the issues are at a tangent delivering from previous issues.