Rahul Kumar vs Bihar Public Service Commission

Heard learned counsel for respective parties.

In the instant petition, petitioners have prayed for the following reliefs:-

“(i) For issuance of writ(s) order(s) direction(s) in nature of cer-tiorari for quashing the list of ineligi-ble  candidates  published  by  Bihar Public Service Commission (here-inafter referred to as the Commission) With respect to Advertisement Number  01/2019 for the post of Assistant Engi-neer (Civil) in different departments of Government of Bihar (hereinafter re-ferred to as the advertisement), in so far as it pertains to the petitioners, whose names and registration num-bers have been shown at serial num-bers 53 and 87 respectively therein on the 22 02 ground that the Petitioners' degrees are not as per the requirement in the advertisement.

(ii). For issuance of an ap-propriate writ, order or direction declaring that the Petitioners' degree in Construction Engineering is equiv-alent to and an approved nomencla-ture of the degree in Civil Engineering on the basis of AICTE notifications dated 28.04.2017and 06.10.2021.

(iii) For issuance of Writ(s) order(s) direction(s)in nature of Man-damus (ii) directing the Respondent Commission to consider the candida-ture of the Petitioners in light of AlCTE notifications dated 28.04.2017and 06.10.2021and allow the petitioners to participate in the ex-amination for the Advertisement Num-ber 01/2019 for the post of Assistant Engineer (Civil) in different depart-ments of Government of Bihar, which is scheduled to be held on 12.03.2022 and 13.03.2022. Alternatively,for is-suance of a writ of mandamus direct-ing the respondent Commission to consider the candidature of the Peti-tioners in light of AlCTE notifications-dated 28.04.2017 and 06.10.2021 and to conduct and hold a separate exami-nation for the petitioners with respect to the Advertisement Number 01/2019 for the post of Assistant Engineer (Civil) in different departments or Government of Bihar post of the As-sistant Engineer (Civil) in case the pe-titioners are not accommodated in the examinations scheduled for 12.03.2022 and 13.03.2022.

(iv) Any other writ(s) order(s) direction (s) for which the pe-titioners are found to be entitled.”

Learned counsel for the petitioners submitted that writ petition was filed on 07.03.2022 through online and he has also stated to have submitted mention slip on 07.03.2022 and it was al-lowed and petitioner’s petition was listed at serial number 2757 in the consolidated list of 04.04.2022. Whereas the examination con-ducted for the post of Assistant Engineer (Civil) on 12.03.2022 and 13.03.2022 the petitioner has not apprised this Court between 07.03.2022 to 11.03.2022 stating that the main examination is to be held on 12.03.2022 and 13.03.2022 so as to show the urgency.

Today, the petitioners stated in writing that the examina-tion has already been conducted on 12.03.2022 and 13.03.2020, therefore, this Court may direct the concerned authority to permit the petitioners to participate in the process of selection and such participation is subject to result of the present petition. In other words, the petitioners have not shown their interest between 07.03.2022 to 11.03.2022. Since examination was already over on 12.03.2022 and 13.03.2022, therefore, question of conducting sep-arate examination of these two petitioners is impracticable for the reasons that for only two candidates the respondents-commission cannot set the examination papers and further other process up to the stage of announcing the result, therefore, the petitioners have not made out a case.

Accordingly, the present petition stands dismissed.