IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9167 of 2009 1. ARUN KUMAR, SON OF SRI RAMDEO SHAH RESIDENT OF VILLAGE DIHLAHI, P.S. BISHANPUR, DISTRICT DARBHANGA. 2. RAKESH KUMAR, SON OF SRI KHARGLAL YADAV RESIDENT OF VILLAGE LAKSHMI SAGAR, P.S. SADAR DISTRICT DARBHANGA. 3. ANUPAMA KUMARI, DAUGHTER OF SRI KAMESHWAR JHA, RESIDENT OF VILLAGE HANUMANGANJ, MISHRA TOLA, P.S. TOWN THANA DISTRICT DARBHANGA. 4. SANDEEP KUMAR JHA, SON OF SRI DEO CHANDRA JHA, RESIDDENT OF MOHALLA DENWI ROAD, THANA LNMU DISTRICT DARBHANGA. 5. SHIVENDRA THAKUR, SON OF SRI RAMESHWAR THAKUR, RESIDENT OF VILLAGE GOHI, P.S. BARIS NAGAR, DISTRICT SITAMARHI. 6. AJITJEE, SON OF SRI HIRALAL GUPTA, RESIDENT OF VILLAGE KABRAGHAT, P.S. UNIVERSITY DISTRICT DARBHANGA. 7. ARVIND KUMAR BAITHA, SON OF LATE BRAJ LAL BAITHA RESIDENT OF MOHALLA KISHORE NAGAR, P.S. SADAR DISTRICT MUZAFFARPUR. 8. VINOD KUMAR VISHWASHI, SON OF SRI YOGENDRA PRASAD YADAV RESIDENT OF VILLAGE DHARFARI, P.S. PARU, DISTRICT MUZAFFARPUR. 9. MOHD. IQUBAL NASAR, SON OF MD. NISARUL HAQUE AT AND P.O. SAKKIGARIYA, P.S. SAKRI SARAIYA, DISTRICT MUZAFFARPUR. 10. NAVNEET KUMAR, SON OF SRI CHANDRA BHUSHAN SINGH, RESIDENT OF VILLAGE AKHARAGHAT, P.S. NAZIRPUR, DISTRICT MUZAFFARPUR. 11. SUNIL KUMAR MANDAL SON OF SRI BABULAL MANDAL RESIDENT OF VILLAGE GANGWARA, P.S. RUNNI SAIDPUR DISTRICT SITAMARHI. 12. KUMAR GAURAV, SON OF SRI PREM CHAN RESIDENT OF VILLAGE CHAKYAJI, P.S. AHIYAPUR, DISTRICT MUZAFFARPUR. 13. SIDDHARTH KASHYAP, SON OF SRI RAJKUMAR SHAH, RESIDENT OF MOHALLA NEW COLONY VRINDABAN P.S. SAWAJPUR, DISTRICT MUZAFFARPUR. 14. BRAJESH KUMAR MISHRA, SON OF SRI PRAJAPATI MISHRA RESIDENT OF VILLAGE SHAHBAZPUR, P.S. RIGA DISTRICT SITAMARHI. 15. GOPAL CHOUDHARY, SON OF SRI GOVIND NARAIN CHOUDHARY, RESIDENT OF VILLAGE RANIPUR, P.S. SADAR DISTRICT DARBHANGA. 16. KUMAR GAURAV, SON OF SRI SANT KUMAR RAY, RESIDENT OF VILLAGE JAGDISHPUR, P.S. LAKHMINIA, DISTRICT BEGUSARAI. 17. AMARESH KUMAR, SON OF SRI NAGENDRA PD. SINGH, RESIDENT OF VILLAGE NARSINGHPUR, P.S. MUSHHARI DISTRICT MUZAFFARPUR. 18. ABHISHEK KUMAR, SON OF SRI DEVI KANT JHA, RESIDENT OF VILLAGE CHANDRAHATTI, P.S.KURHANI DISTRICT MUZAFFARPUR. 19. RATNESH KUMAR, SON OF SRI HARENDRA PD. SINGH, RESIDENT OF VILLAGE CHANDPURA, P.S. DEORIA DISTRICT MUZAFFARPUR. 20. AMIT KUMAR, SON OF SRI GANGANDEO MAHTO RESIDENT OF KALIBARI ROAD, PRADHAN DAKGHAR, P[.S. MITHANPURA, DISTRICT MUZAFFARPUR. 21. PRAHLAD KUMAR SINGH, SON OF SRI UPENDRA SINGH, RESIDENT OF VILLAGE MAHSI, P.S. BIBHUTIPUR DISTRICT SAMASTIPUR----RESPONDENTS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 2. AGRCICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR, NEW SECRETARIAT PATNA. 3. DISTRICT AGRICULTURE OFFICER, MUZAFFARPUR. 4. DISTRICT AGRICULTURE OFFICER, DARBHANGA. 5. DISTRICT AGRICULTURE OFFICER, SITAMARHI. 6. DISTRICT AGRICULTURE OFFICER, BEGUSARAI. 7. DISTRICT AGRICULTURE OFFICER, SAMASTIPUR. 8. DISTRICT MAGISTRATE-CUM-COLLECTOR, MUZAFFARPUR. 9. DISTRICT MAGISTRATE-CUM-COLLECTOR, DARBHANGA. 10. DISTRICT MAGISTRATE-CUM-COLLECTOR, SAMASTIPUR. 11. DISTRICT MAGISTRATE-CUM-COLLECTOR, SITAMARHI. 12. DISTRICT MAGISTRATE-CUM-COLLECTOR, BEGUSARAI - 2 - -------RESPONDENTS. For the Petitioners : M/S Ambar Nath Banarjee, Kaushalesh Choudhary, Advocates. For the State : Mr. Rajiv Kumar Singh, AC to GA-VI, Advocate. ----------- 02. 04.08.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are applicant for the post of Subject Matter Specialist pursuant to advertisement published by the Agriculture Department of the State Government in “Dainik Jagran” newspaper on 14.6.2009. They are Bachelor of Science(Hons.) in Industrial Fish and Fisheries but are not being consider for the aforesaid post as according to the authorities they do not possess degree in Agriculture, Horticulture, Animal Husbandry and Fisheries. 3. Learned counsel for the petitioners submits that subject Industrial Fish and Fisheries is same and similar to fishery, which has been as Fishery as the subject Industrial Fish and Fisheries also have due recognition from the University Grant Commission as would appear from the guidelines contained in Annexure-8 as also the Act and Regulation passed with the approval of the Chancellor of the Universities contained in Annexure-9. In spite of due recognition of the subject Industrial Fish and Fisheries by all concerned, the same is not being considered similar to Fishery by the District authorities who are to make appointment in the light of the advertisement, Annexure- 2. 4. Let the petitioners highlight the aforesaid grievance by filing representation along with a copy of this order before the Agriculture Production Commissioner, Department of Agriculture, - 3 - Govt. of Bihar, Patna and if the Agriculture Production Commissioner, Department of Agriculture, Govt. of Bihar, Patna is of the view that degree in Industrial Fish and Fisheries is similar to that of Fishery, which is included in Clause-1 of the advertisement then the case of the petitioners be considered for such appointment. Representation in the light of this order be considered by the Agriculture Production Commissioner as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order. Any appointment made in the meanwhile, pursuant to advertisement, Annexure-2 shall be subject to the result of the representation of the petitioner. In case Agriculture Production Commissioner, Department of Agriculture, Govt. of Bihar, Patna is not inclined to accept the submission of the petitioner about the equivalence of Industrial Fish and Fishery with Fishery as included in Clause-1 of the advertisement then he shall be obliged to record reasons in support of his order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)