IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1368 of 2009 1. DR.ATUL KUMAR VERMA S/O DR. BHAGWATI SARAN VERMA R/O J/124, PEOPLE CO-OPERATIVE COLONY, KANKARBAGH, PATNA-20 Versus 1. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA 2. THE CHAIRMAN BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 3. THE SECRETARY BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 4. DEPUTY SECRETARY-CUM-EXAMINATION CONTROLLER BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 5. T.N.SINGH SON OF NAME NOT KNOWN ADMINISTRATIVE OFFICER, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 6. THE SECRETARY DEPTT. OF ART, CULTURE AND YOUTH DEPARTMENT, GOVT. OF BIHAR, PATNA 7. SAHDEO KUMAR S/O MAHABIR PRASAD 3/84, OFFICERS FLAT, NEW PUNAICHAK, BAILEY ROAD, PATNA -------------- 5. 26.4.2010 We have heard counsel for the appellant and learned counsel for the Bihar Public Service Commission. The conditions of eligibility for appointment are for the employer to decide and for the BPSC to act in accordance therewith. The BPSC appointed a committee of three experts to decide the eligibility of the applicants assessed from their bio data. They did not find the petitioner eligible for consideration. In the writ petition, this Court also examined the 28 documents sought to be relied upon to urge that the petitioner fulfilled the requisite experience of ten years in Excavation and 2 field survey related work to be considered for appointment on the post of Director. The Court also arrived at the conclusion that he did not possess the requisite experience, though he may have been associated with survey or Archaeology operations. It shall not be the jurisdiction of this Court to sit in the chair of the Commission to decide the fulfilment or non-fulfilment of conditions of eligibility. The occasion may arise in a case of patent illegality committed which does not appear to be the case presently. Directions have already been given that if the State Government feels the necessity to fill up the post of Director it shall do so in accordance with law. We dispose of the appeal with the observation that if such an advertisement is issued and the petitioner applies in accordance with the same, annexing all documentary evidences in support of his claim that he fulfils the condition of eligibility, prescribed therein his candidature has to be considered afresh in accordance with law and the stipulations that may be contained in the advertisement. The present order under appeal or his earlier ineligibility shall 3 not operate to the prejudice of the petitioner in any manner. The appeal stands disposed in the aforesaid terms. P. Kumar (Navin Sinha, J.) (Dinesh Kumar Singh, J.)