IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2872 of 2010 PARTHA BANERJEE & ORS Versus THE STATE OF BIHAR & ORS For the Petitioners:- Mr. Kumar Onkarnath, Advocate For the State:- Mr. G.P.-5 For the B.P.S.C.:- Mr. Sanjay Pandey, Advocate ----------- 02 22/02/2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Commission. The challenge is to the requisition sent by the State and consequent advertisement published by the Commission inviting applications on various posts in the State Forensic Laboratories at Patna and Muzaffarpur. The submission is that the petitioners hold the qualification of M.Sc Forensic Science which is not one of the qualifications prescribed but is limited to M.Sc in Chemistry, Biology, Physics, Bio- Chemistry and others. It is submitted that all the aforesaid constitute ingredients and eligibility of the course of M.Sc Forensics and, therefore, respondents should be directed to reconsider inclusion of the qualifications of M.Sc Forensic Science also. The qualifications to be prescribed in an advertisement are the prerogative of the employer. It is not for the Courts to re-write the conditions of 2 eligibility provided for in the advertisement unless it be contrary to any statutory provisions which does not appear to be the case presently. If the petitioners file an appropriate representation making full technical disclosure of their qualifications and in conclusion of the subjects stipulated in the advertisement, in the course of M.Sc Forensics, it is expected that the respondents shall consider the matter appropriately so that the best of the candidates are available to the respondents for selection. It is expected that any such representation on behalf of the petitioners if filed within a period of one week shall be considered appropriately well in advance before the last date fixed in the advertisement so that if the representation finds favour with the respondents appropriate steps can be taken. The representation shall be disposed by a reasoned and speaking order to facilitate judicial review, failing which it may suffer from the vice of arbitrariness. The application stands disposed. P.K ( Navin Sinha, J.)