HIRAMAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenging the judgment dtd. 6/9/2017 passed in C.W.J.C. No. 16505 of 2014, the writ petitioners have preferred this intra-court appeal.

(2.) It appears that the petitioners had preferred the Writ Application for a declaration to the respondents to regularize them in service as Sepoy Driver. They also prayed for declaration from this court that for purpose of their regularization or for fresh appointment a higher educational qualification which has been provided by notification contained in Memo No. 233 dtd. 21/4/2014 would not apply as according to them the educational qualification of Intermediate as has been provided by the said notification cannot be given retrospective effect.

(3.) It was the case of the writ petitioners that pursuant the Advertisement bearing No. 01/2010, as contained in Annexure 2 to the writ application, they participated in the selection process undergoing the physical test and other test which were required and since their appointment they are working as Sepoy Driver in the Police Department. After they were appointed, the Notification dtd. 3/3/2014 was issued whereunder a higher qualification of Intermediate pass has been provided for appointment on regular basis of a Sepoy Driver in the Police Department. The petitioners are matriculates only and, therefore, it is their contention that such higher qualification would be an impediment in their way for appointment.