CHALLENGE TO BIHAR JUNIOR ENGINEER (CIVIL) RECRUITMENT: SUPREME COURT RULING ON AICTE APPROVAL AND RECRUITMENT PROCESS

by | Oct 7, 2024

ASPECTS DETAILS
Case Title Shashi Bhushan Prasad Singh vs. The State of Bihar & Others
Introduction This case concerns the recruitment process for Junior Engineer (Civil) posts in Bihar, with challenges to the eligibility criteria under the 2017 Recruitment Rules.
Factual Background Advertisement issued for 6,379 Junior Engineer (Civil) posts.The candidates were disqualified due to a lack of AICTE approval for their diplomas.
Legal Issues
  • Validity of Rule 9(1)(iii) of the 2017 Recruitment Rules.
  • Necessity of AICTE approval for university diplomas.
  • Validity of cancellation of recruitment.
Applicable Law
  • AICTE Act, 1987.
  • Bihar Water Resources Department Subordinate Engineering Recruitment Rules, 2017.
  • Related case laws (e.g., Bharathidasan University vs. AICTE).
Analysis Examined AICTE approval requirements based on precedents. Scrutiny of the state’s decision to cancel the recruitment process.
Conclusion The Supreme Court ruled the cancellation of the recruitment process was impermissible and directed the preparation of a fresh select list.
Current Scenario BTSC and the Bihar government were ordered to revise the selection process within three months, ensuring meritorious candidates are reconsidered.

CASE SUMMARY In this case, the Supreme Court addressed a challenge to the Junior Engineers (Civil) recruitment process in Bihar. The eligibility criteria under the 2017 Recruitment Rules required AICTE approval for diplomas, leading to the disqualification of several candidates. The court held that universities are not required to obtain AICTE approval, affirming earlier decisions. Additionally, it ruled that scrapping the recruitment process after its completion was unlawful and ordered the preparation of a fresh select list, ensuring compliance with court directions.

“Changing the rules of the game after it has been played is impermissible under the law.”Supreme Court of India

 

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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