PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard learned Sr. Counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed the present writ petition seeking correction in Letter No. 8051 dated 04.06.2015, which was issued and sent by respondent no. 4 to respondent no. 2 and others. The grievance of the petitioner is that, insofar as he is concerned, his name along with others was recommended for appointment to a Group 'D' post in the office of respondent no. 6 on the basis of his outstanding performance as a Table Tennis player representing the State of Bihar. However, in the said letter, his educational qualification was incorrectly recorded as "Matric" (matriculation), whereas his actual qualification is "Intermediate."

3. Learned Senior Counsel for the petitioner submits that the petitioner's entitlement for appointment arose by virtue of Notification dated 18th December 2009, issued under the rules framed as the Bihar Outstanding Players Appointment Schedule, 2009. He further submits that at the time of appointment, the petitioner possessed the educational qualification of Intermediate; however, despite this, he was appointed to a Group 'D' post instead of a Group 'C' post, for which he was eligible. Learned Senior Counsel refers to the counter affidavit dated 18.08.2016 filed on behalf of respondents no. 1 to 4, wherein, in paragraph 7, it is admitted that during verification of candidates' certificates, the petitioner's academic qualification was recorded as I.A. instead of Matriculation. It is further stated therein that the petitioner had enclosed a 10+2 marksheet with his application.

4. Learned Senior Counsel further submits that in the supplementary counter affidavit dated 09.02.2023 filed on behalf of respondents no. 1 to 4, the State Government has taken the stand that prior to the advertisement dated 02.04.2011, the Finance Department, vide Resolution Memo No. 2937 dated 31.03.2011, had decided that passing the 10th class examination would be mandatory for appointment to Group 'D' posts. However, despite such a decision by the Finance Department, the General Administration Department did not publish a revised advertisement in accordance with the new qualification criteria. He further submits that under General Administration Department Notification No. 5046 dated 11.04.2014, the minimum educational qualification for recruitment to the clerical cadre of the Bihar Secretariat Service was revised from Matriculation to Intermediate under the Bihar Secretariat Service (Recruitment) (Amendment) Rules, 2014. It has also been stated in the counter affidavit that, in view of the aforesaid rules, the prescribed educational qualification for appointment to Group 'C' posts is Intermediate or equivalent, not Matriculation.

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