IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5119 of 2010 1. BINAY KUMAR SHUKLA S/O LATE GIRIJA NANDAN SHUKLA R/O K-4, CHANDRA VIHAR COLONY , ASHIANA DIGHA ROAD, PATNA PRESENTLY WORKING AS HORTICULTURE OFFICER IN HORTICULTURE DIRECTORATE , BIHAR, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE DEVELOPMENT COMMISSIONER GOVERNMENT OF BIHAR, CUM -CHAIRMAN OF THE SELECTION COMMITTEE 3. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT null GOVERNMENT OF BIHAR-CUM-MEMBER OF THE SELECTION COMMITTEE 4. THE PRINCIPAL SECRETARY , RURAL DEVELOPMENT DEPARTMENT null GOVERNMENT OF BIHAR-CUM-MEMBER OF THE SELECTION COMMITTEE 5. AGRICULTURE PRODUCTION COMMISSIONER BIHAR, PATNA ----------- 3. 20.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. It is submitted that the advertisement published by the Rural Department inviting applications for appointment on the post of Block Development Officer on deputation for a period of three years identified the Agriculture Department as one of the eligible Department. Personnel holding the post of Block Agriculture Officer have been specified from the identified department as eligible to apply. Placing reliance on a letter dated 9.2.2010 of the Horticulture Directorate, where the petitioner is employed as Horticulture Officer, it is submitted that the post that he holds is equivalent to that of Block Agriculture Officer. The petitioner is therefore also eligible to apply. The question of equivalence, whether it be academic qualifications or eligibility criteria for appointment are issues for the employer to decide based on various factors with regard to the qualifications for the post, the nature of the post, the duties required etc. The Court cannot make any pronouncement on the equivalence of the post. If there is a recommendation that the posts are equivalent that is a matter for the Government to appropriately decide, if not already decided. This application is disposed off with the aforesaid observation that if the issue of equivalence has not already been decided let the same be done within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)