RUPESH KUMAR; PRIYA RNJAN KUMAR; AMARNATH MANDAL; SUBODH KUMAR; PANKAJ KUMAR; RANJEET KUMAR; RAVI KUMAR; MRITUNJAY KUMAR MANDAL; UMA SHANKAR; SHYAM KUMAR; RAJIV RANJAN; LALAN KUMAR; RAGHUBANSH KUMAR; NILAMBUJ KUMAR BHARTI; VED PRAKASH AKELA; DHARMENDRA KU Vs. STATE OF BIHAR; DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR; STAFF SELECTION COMMISSION; CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, POST VETERINARY COLLEGE; SECRETARY, BIHAR STAFF SELECTION COMMISSION

JUDGEMENT

(1.) By this writ petition the challenge is to the decision of the Bihar Staff Selection Commission (hereinafter referred to as the Commission) by which the petitioners who hold B.Sc. Hons. in Medical X-ray Technology from Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna, (hereinafter referred to as the Institute) have been held to be ineligible for the post of X-ray Technicians. A counter affidavit has been filed by the Commission, which is on record.

(2.) The facts are not in dispute. All the 18 petitioners are graduate with Hons. in Medical X-ray Technology from the Institute. It is an autonomous superspeciality Institute of the State Government. It appears that for the Government hospitals and medical colleges, State Government had formed a cadre known as Bihar X-ray Technicians cadre for which Bihar X-ray Technician Cadre Rules, 2014 were enacted (Annexure-1 to the writ petition). The cadre rules and in particular Rule 6 provides for qualification of X-ray Technicians. Rule 6(1) insofar as relevant is as follows :

(3.) It appears that on or about 27.04.2016 an advertisement was issued by the Commission for recruitment of X-ray Technicians, the total vacancies being 215. The minimum qualification as advertised was Intermediate with science and technical qualification required was diploma in X-ray Technician and Medical Radiography from Government recognized institution. The petitioners also applied and were selected but at the stage of counseling their candidature were cancelled on the ground that though they were Hons. graduate in Medical Radiology they were not diploma holders as X-ray Technicians and as such they were not eligible for the post.