TAPEN SEN,J. - (1.) HEARD the parties.
(2.) THIS writ application is being allowed only on a very limited point and that is that, as per the provisions of Bihar College Service Commission Act, 1976 it is provided in Section 2(9) that the Commission shall recommend for appointment to every post of teachers names of two persons arranged in order of preference and considered by the Commission to be the best qualified thereof. In the instant case, Mr. Sohail Anwar has drawn the attention of this Court to the recommendation of the respondent No. 3 (Sri Harun Beck, Lecturer in History, S.K. Bage College) by respondent No. 1 (Bihar College Service Commission, through its Secretary) which is annexure 4 to the writ application and which shows that it was only the respondent No. 3 who was recommended for being appointed on the post of Principal, S.K. Bage College, Kolebira, District Gumla. The statutory provisions mentioned above cannot be side tracked. The other point which is equally important is that from a perusal of paragraph 6 of the writ application the advertisement made was very specific to the effect that the qualification for the post of Principal should be 1st or high 2nd Class Masters Degree.
(3.) MR . Sohail Anwar has drawn the attention of this Court to the relevant statutes and for the post of Principal it has been provided that the minimum qualification required was inter alia a 1st or high 2nd Class Master Degree. Mr. Sohail Anwar further states that admittedly the respondent No. 3 was neither a 1st Class holder nor did he have high second class Masters Degree. From a perusal of Annexure R -2, 3/A and R -2, 3/B it appears that respondent No. 3 had 50.5% marks where as the petitioner had 60% marks in the Masters Degree.;