An appeal against the selection of a lower-scoring candidate for the post of Assistant Comptroller. The court held that the advertisement did not specify MLA specialization, making the appellant ineligible. dismissed.
The letters patent appeal is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.609 of 2014
Arising out of
Civil Writ Jurisdiction Case No. 18220 of 2013
Praveen Kumar Son of Dr. R.S. Yadav, Resident of Shitla Asthan Colony, Police Station- Sabour, District- Bhagalpur
…. …. Appellant/s
Versus
…. …. Respondent/s
Appearance : For the Appellant : Mr. Siya Ram Shahi with Mr. Md. Najmul Hoda, Advocates For the State : Mr. Mrigendra Kumar, AC to GA 4 For the BAU : Mr. Chandra Mohan Singh, Advocate
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 09-09-2016
The order dated 21.10.2013 passed by the learned Single Bench of this Court is the subject matter of challenge in the
Patna High Court LPA No.609 of 2014 dt.09-09-2016
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present Letters Patent Appeal. By the aforesaid order, the selection of respondent no. 6 to the post of Assistant Comptroller was not interfered with.
The Bihar Agricultural University, Sabour issued an advertisement on 01.09.2011 with the following qualification for the post of Assistant Comptroller. The same reads as under:
“ 4. Assistant Comptroller (Four Posts-02 UR, 01 EBC, 01SC) Pay Scale-Rs. 9300-34800+G.P. Rs. 4800/Essential Qualification: (i.) Good Academic record plus Master’s Degree in Commerce/MBA with at least 55% marks or its equivalent.”
The appellant and respondent no. 6 were the candidates
for such post whereas respondent no. 6 was appointed having obtained 64.04% marks in the written test and the interview whereas the appellant has secured 53.96 % marks.
The challenge to the appointment of respondent no. 6 is on the ground that the respondent no. 6 has obtained Master of Business Administration degree in Marketing whereas the same was required to be in Accounts, as per the information given to the appellant under Right to Information Act on 02.01.2013 (Annexure4), therefore, the respondent no. 6 was not eligible for appointment as Assistant Comptroller.
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We have heard learned counsel for the parties and find no merit in the present Letters Patent Appeal. The essential qualification, the condition of eligibility as per the advertisement is Master of Business Administration with at least 55% marks or equivalent. There is no specialization stipulated as that of Marketing or of Accounts in the advertisement. The respondent no. 6 is an M.B.A. and has scored better marks than the appellant in the combined written test and interview; therefore, he has been rightly selected and appointed.
We do not find any merit in the present Letters Patent appeal. Consequently, the same is dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Anjani/P. Kumar
| AFR/NAFR | NAFR |
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| CAVDATE | N/A |
| UploadingDate | 19.09.2016 |
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2 issues framed by the court
Whether the appellant is eligible for appointment when the advertisement did not specify specialization in the MBA degree.
Whether the selection of the selected candidate despite the appellant scoring lower marks was lawful.
Praveen Kumar
The State of Bihar through the Agriculture Production Commissioner
The Bihar Agriculture University
Binod Kumar Jha
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
