JITENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal raises a challenge to the impugned judgement dtd. 4/7/2018 whereby the appellants had come up contending that they were in possession of a Post Graduate Qualification that was required for the purpose of being considered for selection and appointment as Assistant Professor in Botany and Zoology.

(2.) Their contention was that they have a degree in Life Science which includes the aforesaid subjects and, therefore, the definition is inclusive. The rejection of their candidatures by the Commission is contrary to law.

(3.) The learned Single Judge came to the conclusion that since the appellants have not challenged the advertisement, the issue becomes academic, but at the same time, the learned Single Judge proceeded to evolve a method suggesting to strike a balance between competing interests for instructions in the subjects of Botany and Zoology. The learned Single Judge then went on to classify 10% of the posts of Botany and Zoology that were subject matter of advertisement to be kept aside for which a final decision was to rest with the State Government as indicated therein. The Chairman of the Commission was directed to examine the claim of the candidates of the stream of Bio-Technology accordingly.