MITHILESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has approached this Court seeking a. direction upon the respondents for considering his candidature for appointment as Assistant Professor in Mechanical Engineering at BIT, Sindri. The brief facts of the case are that, the petitioner has been working as Lecturer, Mechanical Department, BIT, Sindri since, 17.10.1994. An advertisement was issued on 22.06.2007 inviting applications for appointment on various posts including the post of Assistant Professor, for which, the petitioner also applied. Subsequently, a Corrigendum dated 17.08.2007 amending the necessary qualification for appointment on the post of Assistant Professor was issued. The petitioner appeared and he was selected. The name of the petitioner was recommended by the Jharkhand Public Service Commission vide letter dated 07.09.2011. However, the petitioner was not offered appointment and therefore, the petitioner has approached this Court by filing the present writ petition.

(2.) A counter -affidavit has been filed on behalf of the Jharkhand Public Service Commission stating as under:

(3.) A plea has been taken by the State of Jharkhand that, since the qualification which was earlier prescribed by the All India Council for Technical Education was subsequently changed and modified by the All India Council for Technical Education, the name of the petitioner, who admittedly does not possess the said qualification, should not have been recommended by the Jharkhand Public Service Commission. Paragraph Nos. 8 to 14 of the counter -affidavit are as under: