Junior Engineer selection, Bihar State action of scrapping the entire selection process is not permissible.
Judgment dated 4th October 2024
Cause title : SHASHI BHUSHAN PRASAD SINGH VS THE STATE OF BIHAR AND OTHERS
Case No: Special Leave Petition (Civil) No. 8967 of 2023, 10359 of 2023, 18369 of 2023 and 22215 of 2023
A Bench of Supreme Court Justice MS. BELA M. TRIVEDI and Hon'ble Mr. Justice Mr. Justice SATISH CHANDRA SHARMA dismissed the appeal filed by the unsuccessful candidates in the Recruitment Process conducted pursuant to the Advertisement dated 08.03.2019 for the post of Junior Engineer (Civil), in Bihar Water Resources Department. While disposing of the Petitions the Hon'ble Supreme Court passed directions to the state government to comply with.
Facts of the case are:
The Bihar Technical Service Commission ('BTSC') on 08.03.2019 invited applications for 6,379 vacancies to the post of Junior Engineer across various state departments. The Advertisement specified that the educational qualification required for the post of Junior Engineer (Civil). The Respondents in the Petitions were applied for the post but their applications were found ineligible by the BTSC on the ground that their institutions were not approved by the All-India Council of Technical Education ('AICTE'). They were all applicants who possessed a Diploma from Private Universities/ Institutions established by statute and approved by the University Grants Commission. Aggrieved by the rejection of their candidature, they have filed Writ Petition beofore the High Court seeking the quashing of Rule 9(1)(iii) of the Rules as being inconsistent with other statutory provisions and judgement of the Supreme Court in Bharathidasan University & Anr. vs. AICTE & Ors. 2001 (8) SCC 676 wherein, on an interpretation of the provisions of the All-India Council of Technical Education Act 1987, it was held that Universities are excluded from the purview of technical institutions and are thus not required to obtain approvals from the AICTE before introducing technical courses/programs. The Writ Petitions were allowed by the High Court.
While disposing of the Petitions, the Hon'ble Supreme Court passed the following directions:
"29. Therefore, in light of the aforenoted position, the State
action of scrapping the entire selection process is not permissible.
In view of the peculiar circumstances of this case, particularly the
prolonged pendency leading to huge number of vacant posts that
hinder the Government's functioning, this Court finds it appropriate
for the State/BTSC to proceed with the Fresh Select List submitted
in compliance with the order dated 19.04.2022 in CWJC No. 7312/2021
which has attained finality, as also taking into consideration as
far as possible, the interest of the candidates who were found
successful. Hence, the Fresh Select List must be appropriately
revised in the following manner:
(i) The Fresh Select List be prepared in view of order dated
19.04.2022 passed by the High Court in CWJC No. 7312/2021.
(ii) The Fresh Select List shall also include as far as possible
those meritorious candidates who were otherwise eligible but were
declared ineligible solely on account of the 2017 amendment to the
Rules i.e., on account of their institute not being recognised by
the AICTE, and all similarly placed successful candidates.
(iii) The BTSC is directed to prepare the Revised Select List within
3 months of this Order and the State Government is directed to act
upon the Revised Select List submitted by the Commission within a
period of 30 days thereafter."
Download Judgment dated 4th October 2024 in SHASHI BHUSHAN PRASAD SINGH VS THE STATE OF BIHAR AND OTHERS, Case No: Special Leave Petition (Civil) No. 8967 of 2023, 10359 of 2023, 18369 of 2023 and 22215 of 2023.