Sarita Devi vs The State Of Bihar & Ors on 14 September, 2017
There was no such requirement in the
advertisement that the candidate who
was a graduate, as well as a B. Ed. from
recognized institutes, must also have
matriculation or equivalent as
specifically recognized by the
appellants. This Court also finds that
the judgment relied upon by the
Patna High Court CWJC No.4448 of 2022 dt.05-07-2024
19/22
appellants passed by Hon'ble Patna
High Court dated 14.02.2019 (Sangita
Devi versus the State of Bihar & Ors.)
does not apply to the present case. In
the said case the Principal Secretary,
Human Resources Department, State of
Bihar had issued a letter no.312 dated
25.08.2008 that Vidya Vinodini
(matriculation) from Prayag Mahila
Vidyapeeth, Allahabad was not
recognized which was the basis of
cancellation of appointment of
Anganbari Sevika and accordingly, the
writ petitioner of that case did not
satisfy the eligibility criteria in terms of
the advertisement. In the present case,
the respondent no.1 satisfies all the
requirements and qualifications
mentioned in the advertisement and it is
also not in dispute that the respondent
no.1 has passed the required
competitive examination for induction in
service. In such circumstances, the
candidature of the respondent no. 1
cannot be canceled by referring to her
past educational qualification which
itself was the base for her higher
qualifications duly recognized as per the
requirement of the advertisement
involved in the present case. This Court
is of the considered view that once the
terms and conditions of the
Patna High Court CWJC No.4448 of 2022 dt.05-07-2024
20/22
advertisement are satisfied, the
candidature of a candidate cannot be
rejected on grounds other than the
requirements in terms of the
advertisement."