SAMEER KUMAR SINGH SON OF LATE LALJI SINGH RESIDENT OF VILLAGE & POST KATGHARA, P.S. Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) After a detailed hearing having been given both to the counsel for the petitioners, the State of Bihar as well as the Bihar Public Service Commission, the core issue, which has been urged before the Court, is whether the so-called diploma/degree, which these petitioners have acquired from Institution of Civil Engineers (India), Ludhiana, is equivalent to the degree or qualification awarded by the Institution of Engineers (India).

(2.) Annexure-9 is the extract of Bihar P.W.D. Code. The relevant provision with regard to appointments is Rule 6, which is reproduced herein below :

(3.) The contention of learned Senior Counsel for the petitioners is that so far as the present petitioners are concerned, there is overbearing material to ensure that they have equivalent qualification as Sections A and B of the Associate membership Examination of the Institution of Civil Engineers (India). There are various communications, which supports such a proposition and if there is a provision for equivalence in the P.W.D. Code itself, then there is obligation upon the State to accept the candidature of these petitioners for promotion.