- (1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P. (S) No. 2236 of 2013 dated 25th February, 2014.
(2.) It is submitted by the learned counsel for the appellant that this appellant had preferred W.P. (S) No. 2236 of 2013 mainly for the reason that this appellant had applied for the post of Assistant and he had participated in the Combined Secretariat Services Competitive Examination, 2012 and when he had applied for the aforesaid post, he had appeared in an examination of Bachelor of Computer Application (BCA) Degree examination. Thus, when application was preferred by this appellant, he was student of last year of Graduation, but, he got the degree of BCA after the application was preferred by him and, therefore, he was not accepted as a candidate for the post of Assistant and, therefore, he has preferred Writ Petition, which was dismissed by the learned Single Judge and, therefore, this Letters Patent Appeal has been preferred by the original petitioner.
(3.) It is also submitted by learned counsel for the appellant that requirement of minimum qualification of BCA degree is not on the date of application, but, it may be interpreted that requirement of BCA degree examination must be as on date of appointment. This aspect of the matter has not been properly appreciated by the learned Single Judge and, hence, this Letters Patent Appeal may kindly be allowed. It is further submitted by learned counsel for the appellant that this appellant was allowed to appear in the written examination, which he had cleared, but, he was not allowed to appear in the viva-voce test (interview). It is further submitted by learned counsel for the appellant that if this Letters Patent Appeal is allowed, still there is vacancy of 100 posts of Assistant with the respondent-State and, therefore, let the respondents be directed to take interview of this appellant and if he is, otherwise, qualifying for selection, he may be appointed as an Assistant.;