Patna High Court
Rahul Singh vs The State Of Bihar on 22 July, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10669 of 2024
======================================================
Rahul Singh Son of Sri Vijay Pal Singh Resident of mohalla- Brahmpur near
Gaddi Chowk P.O.-Budaun, P.S.- Kotwali Sadar, District- Budaun, Uttar
Pradesh- 243601
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna
3. The Bihar State University Service Commission through the Secretary, 8th
Floor, Bihar School Examination Board, Academic Building, Buddha Marg,
Patna- 800001
4. The Chairman, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academic Building, Buddha Marg, Patna-
800001
5. The Secretary, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academic Building, Buddha Marg, Patna-
800001
6. The Controller of Examination, Bihar State University Service Commission,
8th Floor, Bihar School Examination Board, Academic Building, Buddha
Marg, Patna- 800001
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10671 of 2024
======================================================
Deepti Gupta Daughter of Ashok Kumar, R/o House No. 14/107, Near St.
Peters School, Mandi Sayeed Khan, Agra, (U.P.) 282002, Presently Residing
at House No. 194, Anchal Niwas, Chainpura, P.S.- Gopalpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
(Higher), Govt. of Bihar, Patna.
2. The Bihar State University Service Commission, through its Secretary,
Buddha Marg, Patna.
3. The Chairman of the Bihar State University Service Commission, Buddha
Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10673 of 2024
======================================================
Kumari Ranjana Wife of Rajiv Ranjan, A-1305, Ahinsha Vatika, Loni Road ,
Near Ramnagar gurudwara, P.S. Shahdara, District- North East Delhi-
110032.
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
2/14
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
(Higher), Govt. of Bihar, Patna.
2. The Bihar State University Service Commission through its Secretary,
Buddha Marg, Patna.
3. The Chairman of the Bihar State University Service Commission, Buddha
Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10829 of 2024
======================================================
Sachchida Nand Mishra Son of Bimal Prasad Mishra, Resident of Village
Laxmisagar P.S. Lalit Naraan Mithila University, District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of education
(Higher), Govt. of Bihar, Patna.
2. The Bihar State University Service Commission through Its Secretary,
Buddha Marg, Patna.
3. The Chairman of the Bihar State University Service Commission, Buddha
Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10830 of 2024
======================================================
Rakesh Raushan Son of Subhash Jha, R/o Village and P.O.- Mahisi, P.S.
Mahisi, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
(Higher), Govt. of Bihar, Patna.
2. The Bihar State University Service Commission, through its Secretary,
Buddha Marg, Patna.
3. The Chairman of the Bihar State University Service Commission, Buddha
Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10831 of 2024
======================================================
Neelesh Kumar Lodhi S/o Bhim Singh, R/o D-8, 33, Futa Road Bhanjanpura,
Sherpur, P.S. Driyapur, District- North East Delhi 110094.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
3/14
(Higher), Govt. of Bihar, Patna.
2. The Bihar State University Service Commission through its Secretary,
Buddha Marg, Patna.
3. The Chairman of the Bihar State University Service Commission, Buddha
Marg, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 10669 of 2024)
For the Petitioner/s : Mr.Kumar Kaushik
For the State : Mr. P. K. Shahi, AG
Ms. Anukriti Jaipuriyar, AC to AG
For the BSUSC : Mr. Harsh Singh
(In Civil Writ Jurisdiction Case No. 10671 of 2024)
For the Petitioner/s : Mr.Sanjay Kumar
For the State : Mr. P. K. Shahi, AG
Ms. Anukriti Jaipuriyar, AC to AG
For the BSUSC : Mr. Rakesh Kumar Singh
(In Civil Writ Jurisdiction Case No. 10673 of 2024)
For the Petitioner/s : Mr.Sanjay Kumar
Ms. Meena Kumari
For the Respondent/s : Mr.Standing Counsel 8
For the BSUSC : Mr. Binod Jee Verma
For the BSUSC : Mr. Harsh Singh
(In Civil Writ Jurisdiction Case No. 10829 of 2024)
For the Petitioner/s : Mr.Sanjay Kumar
For the State : Mr. Sarvesh Kumar, GP 24
(In Civil Writ Jurisdiction Case No. 10830 of 2024)
For the Petitioner/s : Mr.Sanjay Kumar
For the State : Mr. P. K. Shahi, AG
Ms. Anukriti Jaipuriyar, AC to AG
For the BSUSC : Mr. Harsh Singh
(In Civil Writ Jurisdiction Case No. 10831 of 2024)
For the Petitioner/s : Mr.Sanjay Kumar
For the State : Mr. P. K. Shahi, AG
Ms. Anukriti Jaipuriyar, AC to AG
For the BSUSC : Mr. Harsh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
JUDGMENT AND ORDER
ORAL
Date : 22-07-2024
Since common question of fact and law has been raised
in all these six writ applications, as such, all writ applications are
heard together and are being disposed by a common order.
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
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2. These writ applications have been filed by the
petitioners for setting aside the notice, dated 04.07.2024
(Annexure P 9 to CWJC No. 10669 of 2024), by which the
respondent-Bihar State University Service Commission has
shortlisted the candidates for calling them for the purpose of
interview on the basis of marks obtained by them under
educational qualifications as per the parameters given in the
Advertisement No. AP-MATH-23/20-21, dated 21.09.2020, for
appointment as Assistant Professors in different Universities of
Bihar in different subjects.
3. The petitioners have further prayed for a direction to
the Bihar State University Service Commission (in short, 'the
Commission') to allow them to appear in the interview, to be
started from 22.07.2024 to 26.07.2024, and thereafter to publish
the final merit list in their respective subjects on the basis of their
performance in the educational qualification and interview.
4. Learned Counsel for the petitioners, referring to
Clause 7 of the Advertisement regarding selection process,
particularly, Clause 7.2, submits that in the English version of the
Advertisement, it is not mentioned that criteria for shortlisting of
the candidates have been laid down for calling them for interview.
They, however, submit that in the Hindi version of the
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
5/14
Advertisement, at Clause 7.2, it has been mentioned that the
criteria for shortlisting the candidates, as prescribed in Table-1, are
for the purpose of interview. It is further submitted that as per
Clause 7.1 of the Advertisement, the shortlisting of the candidates
on the basis of criteria fixed under the Table given in Clause 7.2 of
the Advertisement is not for calling the candidates for the purpose
of interview.
5. Learned Counsel for the petitioners submits that
taking note of the selection criteria at Clause 7.2 of the
Advertisement, a co-ordinate Bench of this Court granted interim
relief in favour of the petitioners of CWJC Nos. 10073 and 10068
of 2024, directing the Commission to allow the petitioners to
appear in the interview for the post of Assistant Professors in their
respective subjects. He relied on a decision of the Supreme Court
in the case of Park Leather Industry (P) Limited and Another
v. State of U.P. and Others, reported in (2001) 3 SCC 135.
6. Learned Counsel for the petitioners lastly submits that
the thrust of their argument is the interim order passed by a co-
ordinate Bench of this Court, in CWJC Nos. 10073 and 10068 of
2024.
7. Learned Counsel for the Commission places reliance
on the Statutes for appointment as Assistant Professor in the
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
6/14
Universities of Bihar, 2020, and submits that as per Clause 3.6.2 of
the Statutes, the procedure for interview shall be decided by the
Commission. Clause 3.7 of the Statutes deals with scrutiny and
shortlisting of candidate, which says that shortlisting of candidate
shall be based on the points scored by them in academic
qualification and academic achievements as enumerated in Table-
1. Clause 3.9 of the Statutes prescribes number of candidates to be
called for interview and says that the number of candidates to be
called for interview shall be decided by the Commission.
8. Upon conjoint reading of Clauses 3.6.2, 3.7 and 3.9 of
the Statutes, it is manifest that scrutiny of applications forms and
shortlisting of candidates is to be done solely for the purpose for
calling the candidates for interview.
9. Further Clause 3.6.2 read with Clause 5.7 of the
Statutes reflects that the power has been given to the Commission
to call candidates for the interview on the basis of the procedure
decided by it.
10. In terms of Clause 3.9 of the Statutes, the
Commission, in its resolution, dated 19.06.2020, has decided to
call three times the number of vacancies advertised in each
category for the purpose of interview and on that basis, the cut off
marks for calling the candidates for the interview is decided.
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
7/14
11. The issue with regard to determination of cut off
marks and the eventuality where the number of candidates
securing the cut off marks was more than three times of the
number of vacancies was raised before this Court by a candidate in
CWJC No. 1412 of 2023 (Dr. Pranav Kumar v. The State of Bihar
and Others), wherein this Court, vide order, dated 31.01.2023,
allowed the Commission to take a decision at its own level on this
issue.
12. Pursuant to the aforesaid direction, the Commission,
in its 97th Meeting held on 19.04.2023, decided to allow candidates
who had obtained cut off marks even beyond three times the
number of vacancies to participate in the interview.
13. In the Hindi version of the Advertisement, Clause
7.2 clearly states that shortlisting would be for the purpose of
interview and the word "साकातकार" (interview) is clearly
mentioned. There is no irreconcilable discrepancy between the
English and Hindi version of the Advertisement. The petitioners
did not obtain cut off marks.
14. Learned Counsel also argued that in case of conflict
between Hindi version and the English version, the contents of the
Hindi version shall prevail in view of the Bihar Official Language
Act, 1950 and the decision of the Full Bench of this Court on this
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
8/14
issue, in the case of Dr. Sachidanand Sinha v. The Collector,
Patna, and Others, reported in 1989 PLJR 1141. He also relied
upon a decision of the Supreme Court, in the cases of Balbir Kaur
and Another v. Uttar Pradesh Secondary Education Services
Selection Board, Allahabad and Others, reported in (2008) 12
SCC 1, and Commissioner of Trade Tax, Uttar Pradesh v.
Associated Distributors Limited, reported in (2008) 7 SCC 409.
15. He lastly argued that Hindi version of the
Advertisement as well as the provisions of the Statutes for
appointment were not placed before the co-ordinate Bench of this
Court at the time of passing of the interim order.
16. I have heard learned Counsel for the parties
concerned and have gone through the terms of the Advertisement
and the Statutes, along with other materials available on record.
17. Both versions of the Advertisement, i.e. Hindi and
English, have been placed on record by learned Counsel for the
petitioners. Clause 7.2 of the Hindi version of the Advertisement
lays down that shortlisting would be done for the purpose of
interview. The word "साकातकार" (interview) is clearly mentioned
in the Advertisement. Clause 7.2 of the Hindi Version of the
Advertisement is quoted herein below:
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
9/14
" 7-2 fo"ofo|ky; esa lgk;d izk/;kidksa ds in gsrq lk{kkRdkj ds
fy, vH;fFkZ;ksa ds p;u laca/kh ekunaM fuEufyf[kr rkfydk ds vuq:i fd;k
tk;sxk&
rkfydk
dz0l "kS{kf.kd fjdkMZ
0 Ldksj¼vadksa esa½
1- Lukrd 80% ,oa 60% ,oa mlls 55% ,oa 45% ls T;knk
mlls Åij ¾ T;knk rFkk 80 mlls T;knk vkSj 55% ls
15 % ls de ¾13 vkSj 60% ls de ¾05
de ¾10
2- Lukrdksrj 80% ,oa 60% ,oa mlls 55% ,oa mlls T;knk¼vuqlwfpr
mlls Åij ¾ T;knk rFkk 80 tkfr@vuqlwfpr tu tkfr@
25 % ls de ¾13 ch0lh01@ch0lh02 ,oa fnO;kax
dh fLFkfr esa 50%½ rFkk 60%
ds de¾20
3- ih0&,p0Mh0 30
4-1 tss0vkj0,Q0 ds lkFk usV 07
4-2 usV 05
4-3 LysV@lsV 03
5- ""kks/k izdk"ku lehf{kr (peer 10
reviewed) vFkok fo"ofo|ky;
vuqnku vk;ksx- }kjk lwphc)
tuZy esa izdkf"kr izR;sd "kks/k
izdk"ku gsrq 2 vad"
6- f"k{k.k@iksLV MkWDVksjy dk 10
vuqHko ¼izR;sd ,d o'kZ ds fy,
02 vad½ #
7 iqjLdkj %& vf/kdre 03 vad
7-1 vUrjkZ'Vªh;@jk'Vªh; Lrj 03
¼vUrjkZ'Vªh; laxBu@Hkkjr
ljdkj@Hkkjr ljdkj }kjk
ekU;rk izkIr jk'Vªh; Lrj ds
laLFkkvksa }kjk iqjLdkj fn, tkus
dh fLFkfr esa½
7-2 jkT; Lrj ¼jkT; ljdkj }kjk 02
iqjLdkj fn, tkus dh fLFkfr esa½
# rFkkfi] ;fn f"k{k.k@iksLV MkWDVksjy vuqHko dh vof/k 1 o'kZ ls de gksus dh
fLFkfr esa vad lekuqikfrd :i ls ?kVk, tk,axsA budk ykHk lacaf/kr fo"ofo|ky;
ds dqylfpo }kjk izfrgLrk{kfjr izek.k&i= ds vk/kkj ij feysxkA
uksV%&
¼d½ (i) ih0,p0Mh0 %& 30 vad A
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
10/14
(ii) ts0vkj0,Q0@usV@lsV %& vf/kdre 07 vadA
(iii) iqjLdkj dksfV esa %& vf/kdre 03 vadA
¼[k½
vdknfud Ldksj %& 80 vadA
"kks/k izdk"ku %& 10 vadA
f"k{k.k vuqHko %& 10 vadA
dqy %& 100 vadA
18. In Clause 7.2 of the English version of the
Advertisement, the criteria for shortlisting of candidate for the
purpose of Assistant Professor is mentioned, but the word
'interview' is missing in that clause.
19. Clause 3.6.2 of the Statutes says that procedure for
interview shall be decided by the Commission. Clause 3.7 of the
Statutes lays down that scrutiny and shortlisting of candidates shall
be based on the points scored by them in academic qualification
and academic achievements, as enumerated in Table-1. Table-1, as
mentioned in the Statutes, is part of the Advertisement. Clause 3.9
of the Statutes says that number of candidates to be called for
interview shall be decided by the Commission.
20. It is the specific case of the Commission that the
Commission, in terms of Clauses 3.7 and 3.9 of the Statutes, in its
resolution passed in its 24th Meeting held on 19.06.2020, has
decided that the number of candidates to be called for interview
will normally be three times of the advertised vacancies, but the
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024
11/14
Commission may increase this number if it deem necessary to
accommodate and ensure availability of requisite number of
candidates in certain categories. On the basis of the above, the cut
off marks for interview of candidates is decided. It is also relevant
to notice that pursuant to the direction of this Court, in CWJC No.
1412 of 2023, the Commission, in its 97 th Meeting held on
19.04.2023, decided to allow candidates who obtained cut off marks even beyond three times the number of vacancies to participate in the interview.
21. Section 2 of the Bihar Official Language Act, 1950, says as follows:
"2. Official language. - Subject to the provisions of Articles 346, 347 and 348 of the Constitution of India, the language to be used for the official purposes of the State shall be Hindi in Devanagari script."
22. In the case of Associated Distributors Limited (supra), the Supreme Court has held that the official language of the State of Uttar Pradesh is Hindi and if any difference is found between the notifications in English and Hindi, the notification issued in Hindi will be applicable.
23. A Division Bench of this Court, in the case of Khichri Ram v. The State of Bihar and Others, reported in 2009 Patna High Court CWJC No.10669 of 2024 dt.22-07-2024 12/14 (2) PLJR 265, relying upon the Full Bench decision, in the case of Dr. Sachidanand Sinha (supra), held that in a case of conflict between Hindi and English version, the language of the State, being Hindi, it is the Hindi version which will prevail. Therefore, in case of conflict between Hindi and English version, the Hindi version shall prevail.
24. The Supreme Court, in the case of Employees' State Insurance Corporation v. Union of India and Others, reported in (2022) 11 SCC 392, has decided that in case of conflict between the terms of the advertisement and service regulation, the service regulation shall prevail.
25. If the terms of the Advertisement in Clause 7.2 of the Hindi Version, the provisions of the Statute and Clause 7.2 of the English version of the Advertisement are read together, there is no iota of doubt that shortlisting of the candidates is to be done as per the parameters/criteria prescribed for the purpose of interview.
26. The responsibility of the Court is to interpret the executive action, like advertisement, in the manner which eliminates any element of hardship, injustice, absurdity or inconvenience. Where there is ambiguity in the meaning of the text, the Court must also give due regard to the consequence of the interpretation done. If Clause 7.2 of the English version of the Patna High Court CWJC No.10669 of 2024 dt.22-07-2024 13/14 Advertisement is interpreted in the manner that shortlisting is done not for the purpose of interview, the consequence would be that thousands of thousands of candidates who have applied for appointment as Assistant Professor under various subjects would be required to be called for interview, causing great hardship to the Commission in selection process, particularly when the Commission, under its authority, has decided to call the candidates after shortlisting for interview to the extent of three times the number of vacancies advertised and on that basis, cut off marks is decided.
27. Considering the aforesaid discussion, on the fact as well as on law, I come to the conclusion that the petitioners are not entitled to be called for interview unless they secure the cut off marks notified by the Commission under various categories, vide its notice, dated 04.07.2024 (Annexure P 9 to CWJC No. 10669 of 2024).
28. These writ applications are, accordingly dismissed.
29. At this stage, learned Counsel appearing on behalf of the petitioners submits that the Commission, during the course of shortlisting, has not awarded the marks correctly to the candidates, as per the parameters/criteria under Table-1 of Clause 7.2 of the Advertisement.
Patna High Court CWJC No.10669 of 2024 dt.22-07-2024 14/14
30. It is made clear that this Court has not gone into the issue of incorrect marks awarded by the Commission and the petitioners shall be at liberty to raise this issue by way of separate writ petition.
31. The statement of marks obtained by the petitioner of CWJC No. 10669 of 2024 was produced by the Commission before this Court in a sealed cover. The Court opened the envelop and found that the petitioner has not secured the cut off marks fixed for unreserved category. The envelope containing the statement of marks has been re-sealed by the Court Master and the same has been handed over to Mr. Harsh Singh, learned Counsel for the Commission.
(Anil Kumar Sinha, J.) Prabhakar Anand/-
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