IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8528 of 2009 KUMARI ANIMA, WIFE OF VINAYAK CHANDRA GUPTA, RESIDENT OF 6-B/28 TILAK MARG, NORTH S.K.PURI, P.S. S.K.PURI AND DISTRICT PATNA-----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY BHAWAN, BAILEY ROAD, PATNA. 2. DIRECTOR, DEPARTMENT OF SCIENCE AND TECHNOLOGY BHAWAN, BAILEY ROAD, PATNA. 3. BIHAR PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY, BAILEY ROAD, PATNA. 4. DEPUTY SECRETARY CUM CONTROLLER OF EXAMINATION, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD PATNA----RESPONDENTS. For the petitioner : Mr. Sandeep Kumar, Advocate. For the B.P.S.C. : Mr. Sanjay Pandey, Advocate. For the State : Mr. AC to GP-19. ----------- 02. 24.07.2009. Heard learned counsel for the petitioner, State as also the counsel for the Bihar Public Service Commission, Patna(hereinafter referred to as “the Commission”). 2. Petitioner has filed this writ application assailing the contents of the advertisement issued by the Commission for appointment on the post of Principal, Government Women’s Polytechnic at Phulwarisharif, Patna and Muzaffarpur. 3. Learned counsel for the petitioner submits that the qualification as indicated in Clause(iii) of the advertisement is such that no candidate shall be available for appointment as Principal in the Government Women’s Polytechnic at Phulwarisharif, Patna and Muzaffarpur in the light of the advertisement, Annexure-7. In this connection it is pointed out that earlier Advertisement No. 07/2004 for appointment on the aforesaid two post was issued, in terms whereof petitioner was qualified but the authorities for the reasons best known to them did not proceed with the appointment process and allowed adhocism to continue. Same adhocism would continue even after issue - 2 - of the present advertisement. As such, to avoid adhocism in the matter of appointment on the sensitive post of Principal Government Women’s Polytechnic at Phulwarisharif, Patna and Muzaffarpur this Court should interfere and direct the authorities to publish fresh advertisement with such qualification as per the AICTE guidelines that the candidates like the petitioner and others are available. 4. Having heard counsel for the parties, I am of the view that the qualification for any post is the discretion of the employer and this Court will not have any say in the matter. Accordingly, I dispose of this application with direction to the Commission and others connected to finalize the appointment process as notified under Annexure-7 within a reasonable time. In the event candidates are not available as per the qualification indicated in Clause(iii) then it shall be open to the authorities to reduce the qualification as per the AICTE guidelines and issue fresh advertisement. Rajesh/ (V.N.Sinha, J.)