IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No. 5390 of 2009 OM PRAKASH GUPTA, SON OF LATE BHAGWAN DAS, RESIDENT OF VILLAGE – BARUN, POST OFFICE AND P.S.- BARUN, DISTRICT-AURANGABAD ……………….. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT EDUCATION OFFICER, AURANGABAD 4. SUB-DIVISIONAL EDUCATION OFFICER, AURANGABAD ………………. RESPONDENTS ---------------------------------- For the Petitioner: Mr. B. J. Ojha, Adv. For the State: Mr. A. Ujjwal, SC-XI ***** 03. 09.08.2011 Petitioner’s prayer is for a direction to the Respondent authorities, the District Education Officer, Aurangabad and the Sub-divisional Education Officer, Aurangabad for considering his candidature for the post of Librarian, in the Secondary Schools. Petitioner has done his diploma in the Library Science from a recognized institution with graduate degree. His candidature is not being considered by the Selection Committee for the reason that the requisite qualification for the post of Librarian, as provided under 2006 Rules, framed by the State of Bihar, is two years’ degree in Library Science with graduate degree. Counsel for the petitioner submits that Central School and the Navodaya Vidyalaya had advertised vacancy for Librarian’s post, giving requisite 2 qualification, either two years’ degree in Library Science with graduation or Diploma in Library Science with graduation. This shows that Diploma in Library Science with graduation is equivalent degree for the post of Librarian in those Schools, a candidate with Diploma in Library Science with graduation degree can be considered for appointment for the post of Librarian, there is no reason for providing other qualification for appointment for similar post in Nagar Parishad or Zila Panchayat Schools/ Secondary Schools. Such submission has no merit for the reason that the requisite qualification has been provided under the Rules. Unless vires of the rule is challenged and same is held to be arbitrary or violative of some constitutional provisions, there is no ground for changing the eligibility criteria. The petitioner does not fulfill the eligibility criteria for being appointed on the post of Librarian, provided under the rule. No direction can be issued for considering his candidature. Accordingly, this application is dismissed. SKM (Mridula Mishra, J.)