JUDGMENT : Hemant Gupta, J. The challenge in the present Letters Patent Appeals is to an order passed by the learned Single Bench on 12th of May, 2016 in C.W.J.C. No.18265 of 2015 and analogous case whereby, writ applications filed by the appellants challenging the communication from Bihar Public Service Commission (for short "the Commission") declaring the appellants ineligible for appointment to the post of Assistant Professors in the Government Engineering Colleges were dismissed as they have obtained M.Sc. Engineering Degree granted by Bhim Rao Ambedkar Bihar University, Muzaffarpur Bihar which is not a recognised Degree from All India Council for Technical Education (for short "AICTE"). 2. The appellants have been granted Master's Degree of Engineering in different disciplines like civil engineering, electrical engineering, mechanical engineering etc. from the said University. Such Degree is granted on the basis of research work without any formal class room study. The learned Single Bench held that such Degree granted only on the basis of research work cannot be treated to be valid qualification for the purpose of appointment as Assistant Professor in the Engineering Colleges in the State of Bihar. 3. The State has framed statutory rules called "Bihar Engineering Education Service Rules, 2014". The educational qualifications for the post of Assistant Professors are contained in Appendix-1 Table-I, which reads as under :- Sl. No. Post Qualification Experience 1. Assistant Professor Engineering & Technology B.E./B.Tech. and M.E./M.Tech. in relevant branch with First Class or Equivalent either in B.E./B.Tech. or M.E./M.Tech. Humanities and Sciences (1) Good academic record as defined by the concerned university with at least 55% marks (or and equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level in a relevant subject from an Indian University, or an equivalent Degree from an accredited foreign university. (2) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET. (3) Notwithstanding anything contained in sub-clauses (1) and (2) candidates, who are Ph.D., or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET. 4. (3) Notwithstanding anything contained in sub-clauses (1) and (2) candidates, who are Ph.D., or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET. 4. The Table-2 provides for weightage scheme for direct appointees to the post of Assistant Professor in Bihar Engineering Education Service. Such table contains weightage of 30% of academic record and research performance. Such 30% weightage is further bifurcated giving 15% marks obtained in M.Tech/M.Sc./M.A. in relevant Branch/subject. 5. In pursuance of such statutory rule and the requisition of the State Government, the Commission invited applications for filling up of the post of Assistant Professors specifying as to what educational qualification would be required for the post. The advertisement reads as under :- "(B.E/B.Tech. and M.E/M.Tech. in relevant branch with First Class or Equivalent either in B.E./B.Tech. or M.E/M.Tech.) Degrees/Diplomas obtained through Distance mode/ AMIE mode will not be accepted." 6. The advertisement also contains the condition of weightage of 30% marks on the basis of academic records and research performance as contemplated in the Rules. The Commission raised a doubt as to whether the Degree granted by the University is recognised for the purposes of appointment; the matter was referred to the State Government. A Committee of experts was appointed, who in its meeting held on 10th of September, 2012 decided that only those post graduate Degree will be taken into consideration who were granted such Degree by the Institutes approved by the AICTE. Since the University in question from which the appellants obtained post graduate was not recognised by the AICTE, therefore, the appellants were declared ineligible for appointment. 7. Learned counsel for the appellants refers to Supreme Court judgment reported in (2001) 8 SCC 676 (Bharathidasan University and another v. All India Council for Technical Education and others) wherein it has been held that the approval of the AICTE is not mandatory if the Degree is being granted by a University. Learned counsel for the appellants also refers to the notification issued by the University Grants Commission on 1st December, 1989 wherein list of Degrees recognised for the purpose of Section 22 of University Grants Commission Act, 1956 was delineated. Column-II of the said notification deals with the Master's Degree which, inter alia, provides for M.E/M.Tech. Learned counsel for the appellants also refers to the notification issued by the University Grants Commission on 1st December, 1989 wherein list of Degrees recognised for the purpose of Section 22 of University Grants Commission Act, 1956 was delineated. Column-II of the said notification deals with the Master's Degree which, inter alia, provides for M.E/M.Tech. It is, thus, contended that the Degree granted to the appellants is Master's Degree in the respective discipline but merely because it says that the Degree is that of Master of Science in Mechanical Engineering or Electrical Engineering or Civil Engineering it cannot be said not to be a Master's Degree. It is contended that whether the Degrees granted was on the basis of research work or by formal class room study is not relevant as the Degree is granted by the University on the basis of curriculum framed. Once the post graduate Degree has been granted, the same cannot be ignored only for the reason that it is not preceded by the formal class room study. 8. Learned counsel for the appellants points out that in the Degree granted, the appellants have been granted grade and that the appellants can provide its equivalence in marks for the purpose of weightage in accordance with law. 9. On the other hand, the learned counsel for the Commission argued that the grant of weightage in the rules as well as in the advertisement is on the basis of marks obtained, since there is no mark-sheet issued to the appellants, therefore, it necessarily suggests that the master's Degree granted after the formal class room study followed by mark-sheet alone can be accepted to be a proper Degree to make a candidate eligible for appointment. 10. We have heard learned counsel for the parties and find that the order passed by the learned Single Judge cannot be sustained. The Degree granted to the appellants is by the University established by the State Statute. Such University is competent to grant Degrees as per the curriculum made by it in accordance with its rules and regulations. If the University has not contemplated a formal class room study or grant of detailed mark-sheet, that will not make a candidate obtaining master's Degree from such institute to be ineligible for appointment. 11. In fact, the statutory rule is to the effect that a candidate should be B.E/B.Tech. and M.E/M.Tech. If the University has not contemplated a formal class room study or grant of detailed mark-sheet, that will not make a candidate obtaining master's Degree from such institute to be ineligible for appointment. 11. In fact, the statutory rule is to the effect that a candidate should be B.E/B.Tech. and M.E/M.Tech. in relevant branch with first class or equivalent either in B.E/B.Tech. or M.E/M.Tech. Therefore, the Master's Degree obtained by the appellants from a University established by the State Act cannot be said to be unrecognized for the purposes of appointment as Assistant Professor in Bihar Engineering Education Service in the light of Supreme Court judgment in Bharathidasan University's case (supra). 12. In respect of the argument that in absence of mark-sheet, the Masters Degree makes the candidate ineligible, is again not warranted. If a candidate has not been given mark-sheet in the scheme of curriculum devised by the University, at best, a candidate may not be entitled to weightage contemplated by the rules, but such candidate cannot be declared ineligible for consideration itself. Though such argument does not arise in the present case, as the Degree grades a candidate. The appellants can produce the equivalence certificate from their University to the marks obtained to entitle the appellants to the weightage as well. 13. The Committee has opined that the Degree granted by the Institute which has been recognised by the AICTE alone is accepted as a valid condition for appointment is not tenable in view of judgment of the Hon'ble Supreme Court in Bharathidasan's case (supra) wherein it has been held that the Universities established by law are not required to seek approval from the AICTE in respect of technical Degrees granted by such Universities. Since, the decision of the Committee of experts is contrary to the Supreme Court judgment; therefore, such decision cannot be sustained. 14. Consequently, both the Letters Patent Appeals are allowed. The orders passed by the learned Single Judge are set aside. 15. We have been informed that written test in respect of candidates was conducted in the month of November, 2015 and the interviews are scheduled from 29th of January, 2017. 16. In view of the said fact, we direct the Commission to conduct written examination of the Appellants forthwith and allow the successful candidates to participate in the interviews and then declare result in accordance with law.