CHANDRA KANT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioners against the advertisement No. 01 Secretariat Animal Husbandry/2004 -05, published in the newspaper for appointment to the post of Laboratory Technician (Frozen Semen), so far as essential eligibility clause is concerned, whereby and where under, while one years experience In Frozen Semen work has been prescribed, it has been mentioned that such experience, except from Government Institution will not be accepted as none of the private Institutions has been approved by the Animal Husbandry Department.

(2.) THE only question requires for determination is whether the Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand has jurisdiction to prescribe such condition, if the guidelines issued by the State do not prohibit experience from any other Institution. 3. For determination of the issue, it is necessary to look into certain facts, including the orders passed by the Supreme Court.

(3.) ACCORDING to petitioners, they being eligible, having one years experience of Frozen Semen work from private Institutions, applied for appointment to the post of Laboratory Technician in pursuance of advertisement No. OC -01/04. They were provided with admit card with roll No. 285 (petitioner No. 1), roll No. 290 (petitioner No. 2), roll No. 273 (petitioner No. 3), roll No. 289 (petitioner No. 4) and roll No. 296 (petitioner No. 5) and the written test was held on 5th October, 2004 in which they appeared.