(1.) THE petitioner who was in the service of Bihar Renewable Energy Development Agency (BREDA), Patna, his services were terminated, vide Order No.326 dated 4th June '98 on the ground of higher qualification at the time of regular appointment. For the said reason, both the order of termination and the guidelines dated 25th April '97, wherein qualification for appointment against Class -IV posts laid down, are under challenge.
(2.) THE sole question to be determined is as to whether a qualification can be laid down for appointment to disqualify the persons having higher qualification or not.
(3.) THE Respondent BREDA while appeared and filed counter affidavit, no separate counter affidavit has been filed on behalf of the State of Bihar.