LAWS(PAT)-2017-1-10

JYANT AJAT SHATRU SON OF LATE AJAT SHATRU, RESIDENT OF G/2, P.C. COLONY, P.S. Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, SCIENCE AND TECHNOLOGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

Decided On January 23, 2017
Jyant Ajat Shatru Son Of Late Ajat Shatru, Resident Of G/2, P.C. Colony, P.S. Appellant
V/S
The State Of Bihar Through The Principal Secretary, Science And Technology Department, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeals is to an order passed by the learned Single Bench on 12th of May, 2016 in C.W.J.C. No.18265 of 2015 and analogous case whereby, writ applications filed by the appellants challenging the communication from Bihar Public Service Commission (for short the Commission) declaring the appellants ineligible for appointment to the post of Assistant Professors in the Government Engineering Colleges were dismissed as they have obtained M.Sc. Engineering Degree granted by Bhim Rao Ambedkar Bihar University, Muzaffarpur Bihar which is not a recognised Degree from All India Council for Technical Education (for short AICTE).

(2.) The appellants have been granted Master's Degree of Engineering in different disciplines like civil engineering, electrical engineering, mechanical engineering etc. from the said University. Such Degree is granted on the basis of research work without any formal class room study. The learned Single Bench held that such Degree granted only on the basis of research work cannot be treated to be valid qualification for the purpose of appointment as Assistant Professor in the Engineering Colleges in the State of Bihar.

(3.) The State has framed statutory rules called Bihar Engineering Education Service Rules, 2014?. The educational qualifications for the post of Assistant Professors are contained in Appendix-1 Table-I, which reads as under:- <FRM>JUDGEMENT_10_LAWS(PAT)1_2017_1.html</FRM>