PRASHANT KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner wants quashing of the merit list dated 10.2.2014, which is Annexure - 5 to the writ application. As per the petitioner, the respondent authorities of the District Health Society have deliberately played mischief in calculating the percentage of marks of the petitioner viz - a - viz the selected candidates. The discrimination which has been caused to the petitioner is that respondent authorities have deliberately calculated percentage of marks of only one year and ignored the marks which he had obtained in 3 1/2 years studies done earlier.

(2.) When the matter was taken up initially the submission of the counsel did sound convincing with regard to conduct of the respondents. However, now more light has been shed both on behalf of the Health Society as well as the Magadh University.

(3.) The answer lies in difference between the Degree obtained by the selected candidates and the 'so -called Degree', which has been obtained by the petitioner. A closer look would show that the petitioner has basically obtained a Diploma in the course in question. He did a one year Abridged course from Magadh University, which has been declared equivalent to 4 1/2 years of Degree course. In other words, the rest of the selected candidates are Degree holders through and through. However, the present petitioner claims to be a Degree holder by virtue of the Abridged course. The other 3 1/2 years was a Diploma, which he obtained and this Court has no hesitation in saying that some equivalence will not make the Diploma of the petitioner any superior to a Degree holder.