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2022 DIGILAW 959 (JHR)

Hritik Kumar v. State of Jharkhand

2022-08-03

RAJESH SHANKAR

body2022
JUDGMENT : 1. Learned counsel for the petitioner while pressing the present writ petition, has confined the prayer to the extent of issuance of writ of mandamus to the concerned respondents to constitute an expert committee for re-examining and reviewing the prescribed eligibility criteria prevailing in the State of Jharkhand for appointment on the posts of Scientific Assistant/Assistant Director/Sr. Scientific Officer in the State Forensic Science Laboratory, Jharkhand so as to explore feasibility of prescribing B.Sc. (Hons.) in Forensic Science as basic qualification for the candidates having qualification of M.Sc. in Forensic Science for being eligible for appointment on the said posts. 2. It appears that the petitioner along with one Shanu Kumar had earlier preferred a writ petition being W.P.(C) No. 4227/2021 before this Court for issuance of direction upon the respondents to permit them to submit their respective applications for appointment to the post of Assistant Director/Sr. Scientist in the State Forensic Science Laboratory, Jharkhand, pursuant to Advertisement No. 06/2021, issued by the Jharkhand Public Service Commission (JPSC), Ranchi by modifying Clause-5 thereof containing the educational and other eligibility criteria. The said writ petition was disposed of vide order dated 21.02.2022 considering the submission of learned counsel for the JPSC that pursuant to the said advertisement, the examination had already been held and under the said circumstance, the adjudication of the said writ petition would only be academic in nature. Consequently, an interlocutory application filed in the said writ petition seeking challenge to the eligibility criteria mentioned in Advertisement No. 03/2021 issued by the Jharkhand Staff Selection Commission (JSSC), Ranchi for conducting Jharkhand Scientific Assistant Competitive Examination, 2021 was also dismissed as withdrawn. 3. According to the petitioner, he passed Secondary School Examination and Intermediate Examination conducted by the Jharkhand Academic Council in the year 2014 and 2016 respectively. Thereafter, he passed B.Sc. (Hons.) Examination in Forensic Science conducted by the Jharkhand Raksha Shakti University, Ranchi in the year 2019 by securing 85.59% marks. Subsequently, he also passed M.Sc. Examination in Forensic Science (two years programme) conducted by Doctor Harisingh Gour Vishwavidyalya, Sagar, M.P (a Central University) in the year 2021. 4. Thereafter, he passed B.Sc. (Hons.) Examination in Forensic Science conducted by the Jharkhand Raksha Shakti University, Ranchi in the year 2019 by securing 85.59% marks. Subsequently, he also passed M.Sc. Examination in Forensic Science (two years programme) conducted by Doctor Harisingh Gour Vishwavidyalya, Sagar, M.P (a Central University) in the year 2021. 4. The grievance of the petitioner as raised in the present writ petition is that though the Government of Jharkhand has enacted Jharkhand Raksha Shakti University Act, 2016 (notified in the Government Gazette on 30.09.2016) with an object to train manpower to meet the challenges in different fields of crime, in pursuance of which, the Jharkhand Raksha Shakti University was established in the year 2016 at Ranchi imparting basic course of B.Sc. (Hons.) in Forensic Science, however, the said degree is not being recognized as the basic eligibility qualification for appointment to the posts of Scientific Assistant/Assistant Director/Sr. Scientific Officer in the State Forensic Science Laboratory, Jharkhand whereas the Central Government as well as many other States such as; Tripura, Jammu & Kashmir, National Capital Territory of Delhi and Puducherry have recognized the said degree as one of the basic eligibility qualifications for the said posts. The Vice Chancellor of the Jharkhand Raksha University, Ranchi has already made request to the Principal Secretary, Home, Prison and Disaster Management, Government of Jharkhand in this regard. 5. Having heard learned counsel for the parties and keeping in view that the prescribing eligibility criteria for appointment on a particular public post is in the domain of the State Government which is done in consultation with the JPSC/JSSC, no writ of mandamus can be issued in this regard. It is however observed that since the Jharkhand Raksha Shakti University, Ranchi has been established by the State Government by way of a special enactment which imparts B.Sc. (Hons.) Course in Forensic Science, the State Government may deliberate upon the issue of inclusion of the said degree as basic qualification for appointment on the aforesaid posts. 6. The present writ petition is accordingly disposed of with the aforesaid observation.