IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7062 of 2011 Reshma Kumari WIFE OF SUDHANSHU KUMAR @ SUDHIR KUMAR RESIDENT OF MOHALLA GIRINDA PATEL NAGAR, P.S. SHEIKHPURA, DISTRICT SHEIKHPURA. Versus The State Of Bihar & Ors ---------------------------------- 2 08/08/2011 Learned counsel for the petitioner has a submission to make on the terms and conditions of the advertisement contained in annexure-1. Thrust is on clause 4(kha) which is reproduced below :- “NIMNLIKHIT VISAY MEIN NIYUNTAM 45 PRATISHAT ANK KE SAATH UTTIRN UMMIDWARON KO ASNATAK KE LIYE 5 EVAM ASNATAKOTTAR KE LIYE 10 BONUS ANK DIYE JAYENGE. I-SAMASJ SHASTRA, II- SAMAJ KARYA, III- GRIH VIGYAN, IV- MANOVIGYAN, V- BAAL VIKAS EVAM POSHAN, VI- AAHAAR VIGYAN, VII- SHARAM EVAM SAMAJ SHASHTRA” According to the petitioner’s counsel this provision should be read to mean that a candidate who is otherwise qualified will either get 5 marks for graduation or 10 marks for post graduation. They should not be read to mean that the candidate will get 5 marks for graduation and another 10 marks for post graduation. - 2 - What is the basis for reading such a clause is not fully explained except saying that the two weightages are independent of each other and cannot be added up to give special advantage to a candidate. A plain reading of such a clause, according to the Court, would mean giving weightage of 5 marks for graduation and 10 marks for post graduation because these are weightages which are given for higher qualification and they must be added up in favour of the candidate so selected. They cannot be split up otherwise the object of giving weightage for higher qualification would not be achieved by ignoring marks to be given for the graduation. If this is the interpretation which this Court gives to that clause, then petitioner has no case. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)