LAWS(PAT)-2016-7-136

NIRAJ KUMAR SON OF TRIPURARI PRASAD SINHA, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, SCIENCE & TECHNOLOGY DEPARTMENT, BIHAR, PATNA

Decided On July 13, 2016
Niraj Kumar Son Of Tripurari Prasad Sinha, Resident Of Village Appellant
V/S
The State Of Bihar Through The Principal Secretary, Science And Technology Department, Bihar, Patna Respondents

JUDGEMENT

(1.) The notification contained in Annexure-7, dated 8.9.2015 has been challenged by the petitioner and he seeks its quashing. By virtue of this notification, the Department of Science and Technology, Government of Bihar has doubled the weightage point from 5% to 10% for persons working on contract in matter of direct recruitment on the post of Assistant Professors, for Bihar Polytechnic Engineering Colleges and Bihar Engineering Education Service.

(2.) The main reason for filing the present writ application by the petitioner, who is also an aspirant, is that people, who are working on contract, will get undue advantage by virtue of the decision contained in Annexure-7, which will tilt the balance in their favour and will work against the interest of the petitioner.

(3.) By virtue of Annexure-5, an advertisement was issued by Bihar Public Service Commission, which was advertisement no.16 to 28 of 2014. In the advertisement, besides other parameters, only 5 marks was awarded for working experience. However, just before the written examination was held, the impugned notification came to be issued, which also has the effect of changing the rule of the game as is the stand of the counsel representing the petitioner.