IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16279 of 2008 1. Renu Kumari wife of Sri Pawan Kumar resident of village and post – Sihama, Police Station – Begusarai, District – Begusarai 2. Pushpa Lata Kumari wife of Sri Ganesh Kumar resident of Deo Niwas, Mohalla – Dariapur Gola, near Radha Krishna Mandir, P.S. – Kadam Kuan, District and Town – Patna 3. Kanchan mala wife of Sri Manoj Kumar resident of village and post – Shahpur Maricha, P.S. – Maniari, District – Muzaffar, at present residing at madhaul Niwas, Mohalla – Sadpura Colony, Aghoria, Bazar, P.S. – Kazi Mohammadpur, District & Town – Muzaffarpur 4. Supriya Bharti daughter of Sri Puran Sinha resident of village – Rasulpur, P.O. Baha Chowki, P.S. Maidani Chowk, District – Lakhisarai …………. Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, New Secretariat, Patna 3. The Director, Secondary Education, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, New Secretariat, Patna 4. The Director, Mass Education, Department of Human Resources Development, Government of Bihar, Patna 5. The Commissioner –cum- Secretary, Department of Science and Technology, Government of Bihar, Technology Bhawan, Secretariat, Bailley Road, Patna 6. The Principal, Government Women Polytechnic , Muzaffarpur, District and Town – Muzaffarpur …….. Respondents --- For the petitioners: Mr. Nityanand Mishra, Advocate For the respondents: Mr. Lalit Kishore, AAG – III Mr. Ravindra Kr. Priyadarhi, JC to AAG III ----------- 4 23-01-2009 Petitioners hold diploma in Library Science from a recognized technical institution of Government of - 2 - Bihar and intend to offer their candidature for appointment to the post of Librarian and being not eligible in terms of sub-rule (vii) of Rule 4 of Bihar Zila Parishad - Madhyamik Awam Uchchttar Madhyamik Shikshak ( Niyojan Awam Seva Shart) Niyamawali, 2006, which provides for qualification of degree in Library Science as the basic qualification, have questioned its validity. Rule 4 (vii) of the Rules reads as follows: “(vii) ftyk ifj"kn ek/;fed ,oa mPpre ek/;fed iqLrdky;k/;{k dh fu;qfDr – ( v) fdlh ekU;rk izkIr fo’ofo/kky; ls U;wure 45 izfr’kr vadksa ds lkFk Lukrd dh fmzxzh gks / vuqlwfpr tkfr / vuqlwfpr tutkfr/ vR;ar fiNMzkoxZ / fiNMzk oxZ ,oa fodykazx ds fy, u;wure visf{kr vad esa ikWp izfr’kr dh NwV nh tk;sxh / (c) jkT; ljdkj ds f’k{kk foHkkx }kjk ekU;rk izkIr fdlh fo’ofo/kky; }kjk nh x;h iqlrdky; foKku esa Lukrd dh fmxzh / (Xk ) vk;w :- fu;kstu dh U;wure vk;q lhek igyh vxLr dks 22 o"kZ ,oa vf/kdre 37 o"kZ gksxh / vuqlwfpr tkfr/ vuqlwfpr tutkfr 5 o"kZ ,oa fodykazx dks nl o"kZ fiNMk ,oa vR;ur fiNMzk oxZ dks nks o"kZ rFkk izR;sd dksfV dh efgyk mEehnokj ds fy, rhu o"kZ dh NwV nh tk,xh / ijUrq f’k{kd dh izf’kf{kr Js.khds fu;kstu ds izFke fu;kstu esa vf/kdre mez lhek {kkUr jgsxh /” Mr. Nityanand Mishra, appearing on behalf of the petitioners submits that qualification of degree for appointment to the post of Librarian is arbitrary. - 3 - We do not have the slightest hesitation in rejecting the said submission. Rule 4(vii) has prescribed the qualification of degree from a recognized institution for appointment to the post of Librarian. It is primarily within the discretion of the employer to fix the minimum qualification required for appointment and this court in exercise of its power of judicial review will not substitute that, unless the decision taken is palpably arbitrary. The case in hand does not come within the exception aforesaid. Mr. Mishra, then contends that the Principal of the Government Polytechnic, from where the petitioners obtained diploma, had written to the State Government to consider the diploma holders in Library Science for appointment to the post of Librarian. This itself will not make the diploma obtained by the petitioner in Library Science to be equivalent to the degree in Library Science. Degree in Library Science is certainly a higher qualification than diploma. Rule provides for higher qualification for appointment. It has nexus with the post on which appointment is to be made. This does not any way is in teeth of any constitutional provision. - 4 - We do not find any merit in the writ application and it is dismissed in limine, accordingly. Neyaz/ C. K. Prasad, ACJ. S.K. Sharma, J.