IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17381 of 2013 ====================================================== 1. Ravi Prakash Narayan, son of Satya Prakash Narayan, resident of village Kopa, Police Station Kopa, District Saran at Chapra. 2. Baidya Nath Kumar, son of Muni Lal Sharma, resident of village Meera Bigha, P O & Police Station Ghosi, District Jehanabad. .... .... Versus 1. The State of Bihar. 2. The Agriculture Production Commissioner, Department of Agriculture, Bihar, Patna. 3. The Principal Secretary, Department of Agriculture, Bihar, Patna. 4. The Joint Secretary, Department of Agriculture, Bihar, Patna. 5. The Director, Department of Agriculture, Bihar, Patna. 6. The Deputy Director, Department of Agriculture, Bihar, Patna. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.23270 of 2012 ====================================================== Ravi Prakash Narayan, Son of Satya Prakash Narayan, Resident of VillageKopa, Police Station- Kopa, District- Saran at Chapra. .... .... Petitioner/s Petitioner/s

Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Agriculture, Bihar, Patna. 3. The Joint Secretary, Department of Agriculture, Bihar, Patna. 4. The Director, Department of Agriculture, Bihar, Patna. 5. The Deputy Director, Department of Agriculture, Bihar, Patna .... .... Respondent/s ====================================================== Appearance : (In CWJC No.17381 of 2013) For the Petitioner/s : Mr. Bindhyachal Singh For the Respondent/s : Mr. Ajit Pratap Singh, SC 15 (In CWJC No.23270 of 2012) For the Petitioner/s : Mr. Bindhyachal Singh For the Respondent/s : Mr. Mithilesh Kumar Pathak, SC 7 ======================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI

ORAL ORDER

20-01-2014

Advertisement contained in Annexure-2 dated 15/08/2013 inviting applications for appointment on the post of Agriculture

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Coordinator in the various districts of Bihar, limiting it to Agriculture Graduates, is the bone of contention in the present writ applications. Petitioners in both the writ applications are Horticulture Graduates and they are peeved by action of the respondent State because they have been discriminated in giving an opportunity of employment, maybe on a contractual basis by confining the advertisement to Agriculture Graduates alone. By various documents annexed with the writ applications, strenuous effort has been made by the learned counsel for the petitioners that in reality there is no distinction between the degree holder in Agriculture or Horticulture. A common pool of knowledge is imparted by various Universities including one of the Agriculture Universities of the State of Bihar. The Court is not willing to examine in detail as to what exactly constitutes their course of study between the two degrees which are awarded by Agriculture Universities but the basic and

understanding of the words Agriculture Graduate

Horticulture Graduate by itself indicates that Horticulturists are branch or specialist and are not generalist as such. Counsel for the petitioners is correct in pointing out from a document of the State Government that in the Agriculture Road Map, which is being prepared and implemented in the State of

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Bihar, Horticulturists are integral part of the said road map. There cannot be any quarrel on this aspect of the policy but merely because an advertisement has been issued for filling up the post of Agriculture Coordinator by the persons with specific degree, it does not mean that petitioners had lost out because there could be some more exercise in the pipeline as and when posts are identified and the process of formulation of cadre rules which is under process is formulized. In para 5 of the supplementary counter affidavit filed on behalf of respondent Nos. 2 to 6, they have clearly indicated that Horticulture Graduates are also entitled to apply for the post of Agriculture Coordinator. If this is the position which has been taken on oath by the respondent State authorities then it can be safely said that Horticulture Graduates can also apply for the post of Agriculture Coordinator and they ought to consider their case along with the rest when a decision for such selection is made. The final decision, however, with regard to such appointment on a regular basis can only emerge after a final cadre rule is framed and notified. Both the writ applications stand disposed of direction upon the respondents to consider with a

the claim of the

petitioners in light of the position they have indicated in para 5 of

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their supplementary counter affidavit.

(Ajay Kumar Tripathi, J)

R.K.Pathak/-