BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED Vs. PAPPU KR PANKAJ
LAWS(PAT)-2021-5-18
HIGH COURT OF PATNA
Decided on May 03,2021

Bihar State Food And Civil Supplies Corporation Limited Appellant
VERSUS
Pappu Kr Pankaj Respondents

JUDGEMENT

SHIVAJI PANDEY, J. - (1.) Heard learned counsel for the appellants and learned counsel for the respondents.
(2.) In the present appeal, the appellants have challenged the order dated 05.11.2018 passed in CWJC No. 16481 of 2017 (Pappu Kumar Pankaj and Ors. Vs. The State of Bihar and Ors.) along with its analogous case bearing CWJC No. 4458 of 2017 (Avinash Kumar Vs. The State of Bihar and Ors.) whereby and whereunder the learned Single Judge has quashed the decisions of Managing Director, Bihar State Food and Civil Supplies Corporation Limited vide Memo Nos.7576 dated 31.07.2017, 7579 dated 31.07.2017, 7577 dated 31.07.2017, 7581 dated 31.07.2017, 7589 dated 31.07.2017, 7587 dated 31.07.2017, 7590 dated 31.07.2017, 7582 dated 31.07.2017, 7571 dated 31.07.2017, 7585 dated 31.07.2017, 7583 dated 31.07.2017, 7584 dated 31.07.2017 (Annexure-1 series) and Memo No. Nil dated 31.07.2017 (Annexure-2) by which it has been held that the respective writ petitioners, who were possessing the qualification, do not match with the qualification mentioned in the advertisement i.e. M.B.A./P.G.D.B.M and, as such, the claim made by the writ petitioners has been rejected. The orders, which were under challenge in the writ application, were taken into consideration in the order passed in CWJC No. 17093 of 2016 in which this Court has considered thoroughly, the qualifications and their possession of the certifications, gave direction for consideration in the light of discussion made in that judgment/order.
(3.) The Bihar State Food and Civil Supplies Corporation Limited (appellants herein) issued an advertisement for recruitment and appointment to the post of Assistant Manager and Assistant Accountant. In the present case, the dispute is confined only with respect to the post of Assistant Manager. As per the advertisement, the total 407 post were divided in different categories, the educational qualification fixed, for that post, the candidate must possess degree of MBA/PGDBM from recognized University/ institute approved by AICTE. The writ petitioners (private respondents herein), in pursuance of advertisement, applied for the said post.;


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