Patna High Court - Orders
Amit Shanker And Ors vs The State Of Bihar And Ors on 25 February, 2021
Author: Anil Kumar Upadhyay
Bench: Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15081 of 2018
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Ravi Kumar and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 16573 of 2018
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Amit Shanker and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 16675 of 2018
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Raj Mohan Dubey and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 15081 of 2018)
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
Mr.Jogendra Kumar, Advocate
For the State : Mr.Prabhakar Jha -Gp27
For BPSC : Mr. Satyabir Bharti, Advocate
(In Civil Writ Jurisdiction Case No. 16573 of 2018)
For the Petitioner/s : Mr.Jogendra Kumar
For the Respondent/s : Mr.Subhash Chandra Mishra- Sc16
(In Civil Writ Jurisdiction Case No. 16675 of 2018)
For the Petitioner/s : Mr.Nikesh Kumar
For the Respondent/s : Mr.Ashutosh Ranjan Pandey- Aag15
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
8 25-02-2021Heard learned counsel for the parties.
Mr. Sunil Kumar Singh, learned counsel for the Patna High Court CWJC No.15081 of 2018(8) dt.25-02-2021 2/3 petitioners submits that out of 478 vacancy, the respondents have recommended only 451 candidates and only 8 seats have been reserved for the category to which the petitioners belong.
Learned counsel for the petitioners submits that in all the writ petitions the candidates qualified and are total 18 in number whereas the seat reserved is only 8. The petitioners raises the issue of lack of qualification in the matter of selection and appointment. Counsel submits with reference to the NCTE Regulation dated 9.6.2017 that the minimum qualification prescribed for appointment on the post of lecturer/Assistant Professor is either NET or Ph.D. in terms of 2009 Regulation and whatever is prescribed by the NCTE, cannot be lowered by the State Government or other authorities.
The aforesaid issue requires consideration by the BPSC as well as the State as by recommending names of the candidates not eligible in terms of the NCTE regulation, cannot be appointed on teaching posts contrary to the regulation of NCTE.
Under the aforesaid circumstances, the Court is constrained to direct the Director, Higher Education, Government of Bihar to file specific affidavit on the issue raised as to the requirement in terms of NCTE Regulation dated Patna High Court CWJC No.15081 of 2018(8) dt.25-02-2021 3/3 9.6.2017 i.e. minimum qualification of clearing NET or Ph.D. in terms of 2009 Regulation. The Director, Higher Education is also required to answer the issue of accommodating 18 candidates as even after accommodating 18 candidates, the number of candidates will not exceed the existing number of 478 vacancy and without disturbing any one there is possibility of accommodating these petitioners.
Put up this case on 22nd of March, 2021.
(Anil Kumar Upadhyay, J) spandey/-
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