IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.13313 OF 2007 ABHAY KUMAR, S/O LATE BIKHARI MANDAL, R/O VILLAGE KHAWASPUR, POST KHAWASPUR, POLICE STATION PIRPANTI, SUBDIVISION KEHALGAON, DISTRICT BHAGALPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER, DARBHANGA. 3.DISTRICT MAGISTRATE, DARBHANGA. 4.D.D.C DARBHANGA. 5.THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. 6.B.D.O, BENIPUR. 7.BLOCK EDUCATION OFFICER, BENIPUR. 8.BLOCK EDUCATION EXTENSION OFFICER, BENIPUR. ………………………RESPONDENTS. -------------- 04/ 07.12.2011 Heard counsel for the parties. Counsel for the petitioner prays for and is allowed to make amendment in the designation of respondent no. 8, who may be read as Block Education Extension Officer. Though at one point of time Mr. Amit Prakash, learned counsel for the petitioner was quite sanguine that the diploma holders from Government Polytechnic would qualify for the post of Prakhand Shikshak, inasmuch as, they have an equivalent qualification to intermediate, he would finally concede that in view of the Rules made by the State Government in the year 2006 and its amendment in the year 2008 the diploma holders in Engineering can not be held to 2 be eligible for the post of Prakhand Shikshak. he has accordingly also submitted that he does not intend to press the case of the petitioner for appointment on the post of Prakhand Shikshak by virtue of his possessing the diploma in engineering from the Government Polytechnic. He would, however, submit that the petitioner belongs to Scheduled Tribe category and that the post for which the petitioner had applied being reserved for Scheduled Tribe category, he could still be considered on the basis of his matriculation qualification, inasmuch as, 2006 Rules itself envisages that in absence of any intermediate holder for a particular post even matriculates could be considered. Considering this limited submission as with regard to consideration of the case of the petitioner on the basis of his matriculation qualification, this Court would direct respondent no.8, the Block Education Extension Officer, Benipur, Darbhanga to get the consideration of the petitioner for appointment on the post of Prakhand Shikshak made on the basis of his being matriculate. 3 Such consideration however must be made and a decision must be taken in this regard within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that this Court has not adjudicated the merit of such claim of the petitioner and has only directed the concerned Authority to get that particular post earmarked for Scheduled Tribe category, said to be still vacant, filled up strictly in accordance with the Rules while also considering the case of the petitioner. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)