IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14192 of 2008 1 Arbind Yadav, son lof Bishundeo Yadav, resident of village + Post Office – Barhat, Police Station – Barhat, District – Jamui 2 Sri Vivekanand Kumar, son of Sri Bishun Dayal Ravidas, resident of village – Sona Bigha, Post Office – Churi, District – Gaya - Petitioners Versus 1 Jawahar Navodaya Vidyalaya under Ministry of Human Resources Development, Department of Education, Government of India 2 Navodaya Vidyalaya Samiti, Regional Office, Boring Road, Patna – 13 through Deputy Commissioner 3 The Principal, Jawahar Navodaya Vidyalaya, Barhat, Jamui 4 The State of Bihar through the Secretary, Department of Labour Employment and Training, Camp Employment Exchange, Jamui 5 The District Employment Officer, District Employment Exchange, Munger, District – Munger (Bihar) - Respondents *** For the petitioners : M/s Arun Kumar, Pramod Mishra, Advocates For the S t a t e : M/s Rishi Raj Sinha, G P 3 & Rakesh Kumar For Navodaya Vidyalaya Samiti Mr J P Karn, Sr Advocate & Siddhartha Prasad, Advocate *** 2 05.05.2011 The petitioners challenge the steps taken by the Jawahar Navodaya Vidyalaya, Barhat, Jamui to readvertise for the vacancies of Class-IV posts. The case of the petitioners is that an advertisement was issued pursuant to which the petitioners applied. They were duly empanelled. Thereafter, for reasons other than bona fide, the entire process has been cancelled and steps are being taken for recruitment process afresh. A counter affidavit has been filed on behalf of Jawahar Navodaya Vidyalaya Samiti in which it is stated that for the Class-IV posts, which were advertised, the minimum educational qualification was 2 Primary pass. The appointments had to be made by the Regional Office. After petitioners’ empanelment, when the list was sent to the Regional Office, on scrutiny, it was found that the advertisement, that was issued, showed minimum qualification of Class – VIII that is Middle which was wrong. It deprived other people with lesser qualifications from applying. The Regional Office asked for explanation from the Principal and, thereafter, ordered cancellation of the selection process and consequently the posts have been readvertised with the correct educational qualifications. In view of this stand, I do not think so that there is any scope for interference. The petitioners are still competent to apply. In that view of the matter, the writ petition is disposed of at this stage itself. M.E.H./ (Navaniti Prasad Singh)