Supriya vs The State Of Bihar
2021 Latest Caselaw 1496 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.19205 of 2016
     ======================================================

1. Sanjay Kumar Gupta, Son of Shri Lakshman Prasad Gupta, resident of Ram Lochan Niwas, Main Road, Miscott, Motihari, East Champaran, Bihar.

2. Nand Kishore Prasad, Son of Ram Babu Prasad, resident of village -

Bhawanipur, P.O. Thikahan, Bhawanipur, P.S. Sangrampur, District - East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

4. The Director, State Education Research and Training Council, Mahendru, Patna.

5. The Director, Secondary Education, Government of Bihar, Patna.

6. The Director, Primary Education, Government of Bihar, Patna.

7. The Secretary, Bihar Public Service Commission, Patna.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22519 of 2018 ======================================================

1. Rakesh Kumar Singh, Son of Late Dhiraj Narayan Singh, Resident of Anand Bazar, (Yadav Complex), P.S.- Danapur, District- Patna, Pin- 801503.

2. Rajiv Kumar Mishra, Son of Sri Narsingh Mishra, Resident of Village-

Bharpurwa, P.S. Vijayipur, District- Gopalganj.

3. Jeetendra Kumar, Son of Ramji, Resident of Village- Bellor, P.S.- Darouli, District- Siwan.

4. Renu Kumari, Daughter of Mohan Prasad Sinha, Resident of Jamaluddin Chak, Shiv Mandir Gali, Khagaul, P.S.- Khagaul, District- Patna.

5. Birendra, Son of Madan Mohan Rajak, Resident of Khemkaran Saray, Shanti Kunj, P.S.- Kurtha, District- Arwal.

6. Bipin Kumar, Son of Lakhan Singh, Resident of Bambhai, P.S. Karpi, District- Arwal.

7. Priti Sinha, Daughter of Rajiva Ranjan Sinha Resident of Flat No. A 2, Phase

-I, Ishan International, Kankarbagh, Vrindavan Apartment, P.S.- Kankarbagh, District- Patna.

8. Priya Ranjan, Son of Ram Prasad Singh, Resident of Dinkar Nagar, Majhaulia Chowk, NH- 28, P.S.- Sadar, District- Muzaffarpur.

9. Kumari Jyoti Kiran, Daughter of Ram Balak Paswan, Resident of Village- Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Neemthu, P.S.- Neemchak Bathane, District- Rajgir.

10. Faiyaz Ahmad, Son of Abdul Wassay, Resident of Belchhi Sharif, P.S.-

Manpur, District- Nalanda.

11. Deepak Kumar, Son of Mithilesh Sharma, Resident of Mahua Bagh, P.S. Paras Bigha, District- Jehanabad.

12. Chandra Mohan Chandrakar, Son of Bhagwan Jha, Resident of Lakhani, P.S. Bidupur, District- Vaishali.

13. Arunima, Daughter of Suresh Chandra Prasad, Resident of Moti Mahal Apartment, Flat No. 704, B- Block, P.S.- Bigha, District- Patna.

14. Dinesh Kumar, Son of Mahendra Baitha, Resident of Baghnagari, P.S. Sarai, District- Muzaffapur.

15. Kumud Ranjan Jha, Son of Chandra Bushan Jha, Resident of Annapurna Bhawan, Ward No. 23, North of Anup Lal Boring, P.S. Saharsa, District- Saharsa.

16. Kamla Singh, Daughter of Ramjas Rai, Resident of A- 54, Birla Colony, P.S.- Phulwari Sharif, District- Patna.

17. Preeti Barnabas, Daughter of Michael Barnabas, Resident of 103 Savi Mansion, Kasturba Path, North S K Puri, Boring Road, P.S. Shri Krishna Puri, District- Patna.

18. Namrata Anand, Daughter of Anil Kumar Verma, Resident of Vishnupuri, P.S. Gardanibagh, District- Patna.

19. Rani Singh, Daughter of Akhilesh Prasad Singh, Resident of 184 Gangasagar, Rudalganj, P.S. Laheriasarai, District- Darbhanga.

20. Shashi Bhushan Kumar, Son of Arjun Prasad. Resident of 562C/867 Dandi Bagh, P.S.- Vishnupad, District- Gaya.

21. Naveen Kumar, Son of Ram Prasad Singh, Resident of Gautam Nagar, P.S.-

Chandauti, District- Gaya.

22. Md. Kausar Nadeem, Son of Shamim Uddin, Resident of Village- Dabbo, P.S.- Chakand, District- Gaya.

23. Jyoti Mala, Daughter of Kameshwar Prasad Singh, Resident of Ram Chandra Bhawan, Gewalbigha, P.S. Rampur, District- Gaya.

24. Mukesh Kumar, Son of Arjun Singh, Resident of Dihuri, P.S.- Koch, District- Gaya.

25. Jaspal Kumar, Son of Ishwari Prasad, Resident of Nauranga Road, P.S.-

Moffasil, District- Gaya.

26. Munna Kumar, Son of Reva Ram, Resident of Village- Manpur, P.S.-

Buniyadganj, District- Gaya.

27. Rakesh Kumar, Son of Krishnadev Prasad, Resident of Chilor, P.S.- Guruwa, District- Gaya.

28. Ramesh Chandra Vidhyarthi, Son of Sadusharan Singh, Resident of Village-

Saren, P.S.- Atri, District- Gaya.

29. Purushottam Ranjan, Son of Lakhan Sinha, Resident of Village- Kamardih, P.S.- Dariaura, District- Gaya.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

30. Sitanshu Kumar, Son of Prabhunath Thakur, Resident of MP- 206 Housing Colony, Sandha, P.S.- Muffassil, District- Saran.

31. Sudhir Kumar, Son of Shiv Kumar Sharma, Resident of Village- Akbarpur, P.S.- Paliganj, District- Patna.

32. Nesar Ahmad, Son of Abdullah, Resident of Village- Sapahi, P.S.- Pach Pakri, District- East Champaran.

33. Om Prakash, Son of Dashrath Mahto, Resident of Village- Mor English, P.S.- Mokama, District- Patna.

34. Nand Kishore Singh, Son of Krishna Nandan Singh, Resident of Village-

Rewasi, P.S.- Hiramma, District- Sheohar.

35. Umesh Kumar Rajesh Son of Horil Roy Resident of Ply Factory Road, Mohanpur, Bhamrupur, W. No. 1, P.S. Samastipur, District- Samastipur.

36. Prabhakar Kumar Son of Anirudh Prasad, Resident of Village- Bhuindhara, P.S.- Samastipur, District- Samastipur.

37. Manoj Kumar Pandit, Son of Rambaran Pandit, Resident of Village-

Musapur, P.S.- Ghataho, District- Samastipur.

38. Nikhat Praveen, Daughter of Md. Imteyaz Ahmad, Resident of Village-

Chak Bahuddin, P.S.- Dalsin Sarai, District- Samastipur.

39. Mohammad Raqeem, Son of Mohammad Mian, Resident of Village-

Singhaul Chak Farid, P.S.- Singhaul, District- Begusarai.

40. Praveen Kumar Son of Amarendra Kumar Resident of Mohalla- Rajbagh, Ward No. 09, P.S.- Pupri, District- Sitamarhi.

41. Luxmi Shekhar, Daughter of Dinesh Dubey, Resident of District Health Society, Purnia, P.S.- K.Hat, District- Purnia.

42. Amrita Priyam Daughter of Dayanand Rai, Resident of Village- Navratan Hata, P.S.- K.Hat, District- Purnia.

43. Aprajita Sinha Daughter of Late Priya Ranjan Sinha, Resident of Mohalla-

South Bhatta, Congress Office Road, P.S.- K. Hat, District- Purnia.

44. Shashi Bala Kumari, Daughter of Jawahar Singh, Resident of East Nawada, P.S. Nawada, District- Bhojpur.

45. Ajay Kumar Sah, Son of Tufani Sah, Resident of Village- Jhirwa, P.S.-

Uchakagaon, District- Gopalganj.

46. Varunendra, Son of Ravindra Kumar Pandey, Resident of Village-

Brindaban, P.S.- Uchakagaon, District- Gopalganj.

47. Kumar Rishi Kant Anand Son of Sudarshan Ram, Resident of Village-

Bhitti, P.S.- Mohania, District- Kaimur.

48. Kumar Gourav, Son of Abhiram Prasad, Resident of Village- Nari, P.S.-

Noorsarai, District- Nalanda.

49. Saurabh Kumar Suman, Son of Mathura Prasad Sinha, Resident of Village-

Mohanpur, P.S.- Islampur, District- Nalanda.

50. Rina Singh, Wife of Abhas Saurabh, Resident of Mohalla- J H No. 3 1, Subhash Chok Post, Hajipur, P.S. Town Thana, District- Hajipur.

51. Md. Nurul Hoda, Son of Munshi Md Zainuddin, Resident of Village- Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Bahaderpur, P.S.- Amour, District- Purnia.

52. Sudhir Kumar Mandal, Son of Jibachh Mandal, Resident of Mohalla- East of Sanjivani Hospital, Belabganj, P.S.- Darbhanga Sadar, District- Darbhanga.

53. Sanjeet Kumar, Son of Anandi Prasad Sah, Resident of Village- Jagdamba Nagar, P.S.- Ahiyapur, District- Muzaffarpur.

54. Kumari Archana, Wife of Ramesh Kumar, Resident of Village- Kishun Nagar, Ward No. 2, P.S. Kanti, District- Muzaffarpur.

55. Manoj Kumar Son of Ramchandra Ray, Resident of Village- Prem Nagar Bhalura, P.S. Aurai, District- Muzaffarpur.

56. Prashant Bhaskar, Son of Radhe Prasad, Resident of Village- Aghoria Bazar, Near Cheap Cloth Centre, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

57. Prabhat Ranjan Kumar Son of Ram Nandan Prasad Singh, Resident of Village- Sri Krishna Vihar Colony, P.S.- Sadar, District- Muzaffarpur.

58. Amar Nath Singh, Son of Hira Lal Singh, Resident of Village- Bharakhra, P.S.- Dhansoi, District- Buxar.

59. Pragati Pallavi, Daughter of Prabhat Kumar Karan, Resident of Mohalla-

P.C. Dutta Colony, Betwan Bazar, P.S.- Kasim Bazar, District- Munger.

60. Parmendra Kumar, Son of Paras Nath Prasad, Resident of Village- Koiriya Tola, Ward No. 25, P.S.- Raxaul, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Director, State Education Research and Training Council, Mahendru, Patna.

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The Director, Primary Education, Government of Bihar, Patna.

6. The Secretary, Bihar Public Service Commission, Patna.

7. Awadhesh Kumar Alok S/o Upendra Prasad Mandal R/o Village- Kumrath, Post- Simariya, District- Bhagalpur.

8. Bijay Kumar Choudhary S/o Lakshaman Choudhary R/o Village- Chilmil, P.S.- Borahat, District- Banka.

9. Pappu Harijan S/o Umesh Das R/o Mohalla- Maya Tola Parbalti, P.S.-

Kotwali, District- Bhagalpur.

10. Pradip Kumar S/o Devendra Prasad Singh R/o Village- Kdhadda, P.O.-

Rupsa, District- Banka.

11. Sanjay Kumar Yadav S/o Ramasharan Yadav R/o Village- Beggha Khas, P.S.- Shambhuganj, District- Banka.

12. Dhananjay Kapri S/o Jateshwar Kapri R/o Village- Kishanpur, P.O.-

Shoephanpur, District- Banka.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

13. Krishna Mohan Sharma S/o Ranji Sharma R/o Village- Daliya, P.O.- Bounsi, District- Banka.

14. Manoj Kumar Bandhu S/o Late Dilip Narayan Yadav R/o Village-

Durgabari, Masakchak, District- Bhagalpur.

15. Raj Kishore Thakur S/o Late Deoki Nandan Thakur R/o Village- Lalkothi, Tetarpur, P.S.- Taterpur, District- Bhagalpur.

16. Vikash Kumar S/o Rajendra Prasad Sharma R/o Village- Maheshpur, P.O.-

Kosha, District- Katihar.

17. Bibhuti Kumar Singh S/o Late Suresh Chandra Singh R/o Village- Kiranpur, P.S.- Shambhuganj, District- Banka.

18. Vinod Kumar Ram S/o Ramautar Ram R/o Village- Rajgangapur, P.S.-

Sultanganj, District- Bhagalpur.

19. Rana Pratap Singh S/o Parmatma Singh Resident of Chitrakut Nagar, Road No.5, Biwi Biwi Ganj, Bhagwanpur, District- Muzaffarpur, Presently posted as Headmaster, at Govt. Middle School, Manikpur, Muzaffarpur.

20. Awadh Kishore S/o Ram Chandra Rai Resident of Village- Prayag Chak, P.O. and P.S.- Aurai, District- Muzaffarpur, Presently posted as Headmaster, at Govt. Middle School, Jamalabad, Mushari, Muzaffarpur.

21. Arbind Kumar Prabhat S/o Late Garju Ram R/o Village- Tilkar, P.O.- Keshri Mathiyan, P.S.- Ekma, District- Saran.

22. Santosh Kumar Rai S/o Vijay Kumar Rai R/o Village- Sampatchak, P.O.-

Bairiya, P.S.- Gopalpur (Sampatchak), District- Patna.

23. Raj Kumar S/o Chandeshwar Prasad R/o Village- Jay Mahavir Colony, Sandalpur (Near Devi Sthan), P.S.- Bahadurpur, District- Patna.

24. Amresh Kumar S/o Late Murlidhar Thakur R/o Bangaon, Eastern Tola, Ward No.13, District- Saharsa.

25. Rajiv Kumar S/o Harihar Prasad Singh R/o Kadamkuan, Doman Bhagat Lane, P.S.- Kadamkuan, District- Patna.

26. Sunil Kumar Sharma S/o Rajeshwar Sharma Resident of House of Sanjay Baba, Salimpur Ahra, Matra Chaya, P.S. Kadam Kuan, Patna- 800003.

27. Satya Minakshi D/o Vishwanath Gupta Resident of Smiridhi Kunj, Beside Mamta Apartment, Sheopuri, P.S.- Shastri Nagar, Patna- 800023.

28. Khurshid Alam S/o Md. Ali Resident of Anwarpur Chowk, Riyamal Godown, P.S.- Hajipur, District- Vaishali, Pin Code- 844101.

29. Md. Farukh Ahmad S/o Serajul Haque Resident of Mohalla- Yeram Colony, Kanwala Road, Phulwarisharif, P.O. and P.S.- Phulwarisharif, Patna- 801505.

30. Sheodutta Kumar S/o Ram Bilash Ram Resident of Village and P.O.-

Purhadda, P.S.- Haspura, District- Aurangabad, Pin Code- 824120.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22700 of 2018 ====================================================== Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

1. Ajay Kumar Tiwari, Son of Sri Jagdish Tiwari, R/o Village- Situhari, P.S.-

Narayanpur, District- Bhojpur.

2. Preetam Kumar Deepak, Son of Sri Damodar Prasad, R/o Mohalla-

Khandakpar, P.S. Bihar Sarif, District- Nalanda.

3. Md. Mahfooz Alam, Son of Md. Ilias, R/o Mohalla- Mohalpar, P.S. Bihar Sharif, District- Nalanda.

4. Meera Kumari, Wife of Sri Rajiv Kumar, R/o Mohalla- P-10, Vidyapuri, Kankarbagh, P.S. Patrakar, District-Patna.

5. Mani Mala, D/o Sri Indradeo Sharma, R/o Mohalla- Professor Colony, Dighaghat, P.S. Digha, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Director, State Council of Educational Research and Training, Mahendru, Patna.

4. The Director, Research and Training, Department of Education, Government of Bihar, Patna.

5. The Director, Primary Education, Government of Bihar, Patna.

6. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22769 of 2018 ======================================================

1. Sharwan Kumar, Son of Bindeshwari Singh, Resident of Q. No. 12 New, Patna High School Campus, Gardanibagh, Road No. 16, P.S.- Gardanibagh, District- Patna.

2. Neetu, Wife of Amarnath Prasad Singh, Resident of Village- Akhtiyarpur, P.S.- Bikram, District- Patna.

3. Dr. Lav Kumar, Son of Bidneshwari Singh, Resident of Q. No. 12 New, Patna High School Campus, Gardanibagh, Road No. 16, P.O. Anisabad, P.S.- Gardanibagh, District- Patna.

4. Sunita Singh, Daughter of Ajay Kumar Singh, Resident of Rajendra Nagar, Road No. 1, Behind Electricity Office, P.S.- Kadamkuan, District- Patna.

5. Shazia Fatma, Daughter of Arshad Zamal, Wife of Md. Zeya-Ur- Rahman, Resident of New Azimabad Colony, P.S.- Sultanganj, District- Patna.

6. Kush Kumar, Son of Bindeshwari Singh, Resident of Jagat Narayan Road, Kadamkuan, P.S.- Kadamkuan, District- Patna.

7. Ashish Kumar, Son of Bijay Kumar Singh, Resident of Science College, Chemistry Gate, Thakurbari, P.O.- Patna University, P.S. Pirbahore, District- Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Patna.

8. Dharmendra Sharma, Son of Jawahar Thakur, Resident of Village- Husena Khurd, P.S.- Bhagwanpur, District- Vaishali Bihar.

9. Rajendra Kumar, Son of Lalu Baitha, Resident of Village- Panapur Langa, P.S.- Hazipur Sadar, District- Vaishali.

10. Rajesh Kumar Singh, Son of Nand Lal Singh, Resident of Mohalla- Sanchi Patti, P.S.- Hazipur, District- Vaishali.

11. Mritunjay Prasad, Son of Prasidh Narayan Singh, Resident of Mohalla-

Rajendra Nagar, P.S- Bahadurpur, Patna.

12. Manoj Kumar, Son of Bishwanath Chaudhary, Resident of Village- Ghosia, P.S.- Mirganj, District- Gopalganj.

13. Ajeet Kumar, Son of Brahmdeo Sahani, Resident of Village- Sikandarpur Kundal, P.S- Town Thana, District- Muzaffarpur.

14. Manish Kumar, Son of Devendra Sharma, Resident of Sankat Mochan Market, Munna Chak, Kankarbagh, P.S. Patrakar Nagar, District- Patna.

15. Mukesh Kumar Rajak, Son of Sharwan Kumar Rajak, Resident of Mohalla-

Lodipur, P.S.- Gandhi Maidan, District- Patna.

16. Aditya Kumar, Son of Harihar Prasad, Resident of Village- Madawa, P.S.-

Pakribarawan, District- Nawada.

17. Hariom Kumar, Son of Manoj Kumar Gupta, Resident of Village- Mirpur, P.S.- Chiraiya, District- East Champaran.

18. Arjun Kumar Giri, Son of Vikarma Nand Giri, Resident of Village- Ujjain Lohiyar, P.S.- Harsiddhi, District- East Champaran.

19. Rashmi Rani, Wife of Anil Kumar Jha, Resident of East of R.N. College, Indrapur Colony, P.S.- Hazipur Sadar, District- Vaishali.

20. Sanjay Kumar, Son of Anandi Prasad Singh, Resident of Village- Salaha Chandan, P.S.- Bithan, District- Samastipur.

21. Manisha Kumari, Daughter of Jagannath Singh, Resident of Mohalla- Tikiya Tola Chain Tola, P.O.- Mahendru P.S.- Sultanganj, District- Patna.

22. Mukesh Kumar, Son of Brahmdeo Singh, Resident of Village- Balbhadrapur, P.O.- Balaur, P.S.- Kurhani, District- Muzaffarpur.

23. Pankaj Kumar, Son of Ramnaresh Singh, Resident of Village- Damodarpur, P.S.- Sarai, District- Vaishali.

24. Nitin Kumar, Son of Late Ramdhani Chaudhary, Resident of Mohalla- Kali Kuti F/N-6 Baghbhoop Singh Lane, P.S.- Alamganj, District- Patna.

25. Priyanka, Daughter of Narendra Sharma, resident of Bakshi Mohallah P.S.-

Khajekala, P.S. Patna City, District- Patna.

26. Niraj Kumar, Son of Ramrup Mahto, Resident of Village-Bhirha, P.O.-

Amarpur, P.S.- Medni Chouki, District- Lakhisarai.

27. Madhurima Mehta, Wife of Niraj Kumar, Resident of Village- Bhirha, P.S. Mednichouki, District- Lakhisarai.

28. Dewashrey Kumar Chanchal, Son of Banaras Prasad, Resident of Village-

Bali, P.S.- Kashichak, District- Nawada.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

29. Manoranjan Kumar Gond @ Manoranjan Kumar, Son of Khublal Prasad, Resident of Vilage- Fazilpur, P.S. Andar, District- Siwan.

30. Binod Kumar, Son of Ganga Prasad Mahto, Resident of Ward No. 3, Harbhanga, P.S.- Lakhnaur, District- Madhubani.

31. Satish Narayan, Son of Ram Prabodh Kumar, Resident of village-

Manjhiawan, P.S.- Kurtha, District- Arwal.

32. Dr. Jitendra Kumar Son of Late Ramswarup Sharma, Resident of Village-

Ghejan, P.S.- Shakurabad, District- Jehanabad.

33. Iftekhar Akram, Son of Md. Nurul Hoda, Resident of Village- Umri, P.S.-

Lakhnaur, District- Madhubani.

34. Uma Shankar, Son of Ramkishore Chandra Naher, Resident of Village-

Nawada, P.S- Nawada, District- Nawada.

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Director, State Education Research and Training Council, Mahendru Patna.

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The Director, Primary Education, Government of Bihar, Patna.

6. The Secretary, Bihar Public Service Commission, Patna.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22862 of 2018 ======================================================

1. Md. Imtayaz Haider, S/o Md. Abdus Salam Haider, R/o Village Moulandi, P.S.- Chabilapur, District- Nalanda

2. Santosh Kumar, S/o Balmukund Prasad Sinha, R/o Village- Alipur, P.S.-

Bind, District- Nalanda

3. Ram Nagina Prasad, S/o Late Nand Kishor Prasad, R/o Village- Rampur, P.S.- Aungari, District- Nalanda

4. Madan Kumar, S/o Mala Prasad, R/o Village Arjunpur, P.S.- Indarea Buxar, District- Buxar

5. Amitabh Bachan, S/o Awdesh Kumar, R/o Professor Colony, Jay Prakash Nagar, P.O.- Hisua, P.S.- District- Nawada

6. Ram Kumar Choubey, S/o Madam Prasad Choubey, R/o Village- Belaur, P.S.- Industrial Buxar., District- Buxar

7. Pawan Kumar Tribhuwan, S/o Bhudev Das R/o Village- Kuhariya, P.S.-

Amarpur, District- Banka Bihar Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Director, State Education Research and Training Council, Mahendru, Patna

4. The Director, Secondary Education, Government of Bihar, Patna

5. The Director, Primary Education, Government of Bihar, Patna

6. The Secretary, Bihar Public Service Commission, Patna

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 23100 of 2018 ======================================================

1. Raushan Kumar, son of Om Prakash Mehta, Resident of Village- Bauharwa, P.S.-Ratanpur, District-Supaul.

2. Satyendra Kumar, Son of Kailash Roy, Resident of Village- Elahibagh, P.S.-

Gopalpur, District- patna.

3. sudhanshu Kumar, Son of Suresh Prasad Singh, Resident of Shivpuri, Sachipatti, Bagmalli, P.S.-Hajipur, District- Vaishali.

4. Medhavika, Daughter of Jai Kumar Singh, Resident of Shivpuri, Aschipatti, Bagmalli, P.S.-Hajipur, District- Vaishli.

5. Dr. Manoj Kumar, Son of Vidyarathi Sharma, Resident of Village- Hunathi, P.S.-Amain Parashigha, District- Jehanabad

6. Vijay Kumar, Son of Jaleshwar Prasad, Resident of Village- Laliyahi, P.S. Katihar Diustrict- Katihar.

7. Manoj Kumar, Son of Rmdhari Singh, Resident of Village -Saraon Tola, P.S.-Natwar, District-Rohtas.

8. Ragini Kumari, Woife of Ajitab Raman Azad, Resident of ward No. 05, Lagunia Raghu Kanth, P.S- Samastipur, District Samstipur

9. Kumari Rita Singh, Wife of Nalin Kumar, Daughter of Ram Charitra Prasad Singh, Resident of Civil Lines Compound, Behind victor-X-Ray, P.S -Civil Lines, District -Gaya

10. Khagesh Kumar, Son of Kamleshwari Paswan, Resident of Gangjala, Sant Nagar. Ward No 15 P.S- Saharsa District- Saharsa.

11. Narendra Kumar, Son of LaKhan Prasad Singh, Resident of Ward No .02, Simri Bakhtiyarpur, P.S- Simri Bakhtiyarpur, District- Saharsa.

12. Sangita Kumari, Daughter of Kashinath Singh, Resident of New Colony Pakri. P.S- Nawada Ara, District- Bhojpur.

13. Sanjeev Kumar Jha, Son of Nikhil Prasad Jha, Resident of Polytechnic Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Road, Hatiya Gachhi, Ward No. 32, P.S- Saharsa, District- Saharsa.

14. Kumar Vikramaditya, Son of Aditya Nath Jha, Resident of Batraha, Krishna Nagar, Ward No. 22, P.S- Saharsa, District- Saharsa.

15. Sanjiv Kumar, Son of Sheo Kumar Singh, Resident of Ward No. 20, Gulzar Baag, P.S- Madhepura, District - Madhepura.

16. Abhay Narayan Jha, Son of Kamal Narayan Jha, Resident of Naya Bazar, Sahu Tola, Ward No. 30 P.S - Saharsa, District - Saharsa.

17. Smita Prriyadarshini, Daughter of Sri Shivshankar Prasad Singh, Resident of Village- Shekhpur, P.S- Ahiyapur, District - Muzaffarpur.

18. Rajani Kumari, Daughter of Braj Kishor Singh, Resident of Village

-Shekhpur, Akharaghat, P.S- Ahiyapur District- Muzaffarpur.

19. Priya Ranjan, Son of Vijay Kumar Sinha, Resident of Village -Ramnagar, P.S- Gayghat, via-Bochaha, District - Muzaffarpur.

20. Swamy Sudhir, Son of Late Shubhendra Sharma, Resident of Village -Jay Krishana Bigha, P.S- Ghoshi, District- Jehanabad.

21. Devendra Kishore, Son of Nawal Kishore Singh, Resident of new Colony, Lane No.01, Infront of Awasiya Ujjawal, Vidhyapith Pohariya Pur, Sadpura, District - Muzaffarpur.

22. Gayan Ranhjan Gangesh, Son of Rajni Kant Pathak, Resident of Village

-Samar, P.O.- Mahisautha, P.S- Nanpur. District Sitamarhi.

23. Chandra Kishore Thakur, Son of Hari Mohan Thakur, Resident of Village

-Bhokraha, P.S- Krityanand Nagar, District - Purnia.

24. Shailesh Kumar, Son of Ram Paras Sharma, Resident of Village+ P.O+ P.S-

Salimpur, District - Patna

25. Nandan Kumar, Son of Shree Shiw Prasad Singh, Resident of Village -Balra Ismael, P.S- Maniyari, District - Muzaffarpur.

26. Chittranjan Kumar, Son of Indra Deo Prasad, Resident of Mohalla- Bhagwat Nagar, Kumharar, P.S- Agamkuan, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department Education, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Director, State Education Research and Training Council, Mahendru, Patna

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The Director, Primary Education, Government of Bihar, Patna

6. The Secretary, Bihar Public Service Commission, Patna

... ... Respondent/s ====================================================== with Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Civil Writ Jurisdiction Case No. 24017 of 2018 ======================================================

1. Sumit Kumar, Son of Ram Sagar Prasad Yadav, Resident of village- Kumar Chakki, P.S.-Muffasil, District- Khagaria

2. Rakesh Kumar, Son of Wakil Prasad Yadav, Resident of village- Shishwa, P.S.- Gogari, District-Khagaria

3. Jitendra Kumar, Son of Vivekanand Gupta, Resident of village- Deotha, P.S.- Pasraha, District- Khagaria

4. Asha Sinha, wife of Sanjeev Kumar Verma, Resident of Mohalla- Samir Nagar, P.S.-Chitragupt Nagar, District- Khgaria

5. Sanjay Kumar Verma, Son of Maheshwar Prasad Verma, resident of village-

Pansalwa, P.S.-Beldaur, District- Khagaria

6. Alok Kumar Jha, Son of Ramdeo Jha, Resident of village- Tetari, P.S.-

Dandari, District- Begusarai

7. Ashok Kumar, Son of Late Rup Narayan Jha, Resident of village-

Chatnama, P.S.- Purani Bazar, District-Madhepura

8. Bikram Kumar, Son of Ram Bilash Keshri, Resident of Mohalla- Old Bank Chowk Bakhri, P.S.- Kakhri, District- Begusarai

9. Manish Shen, Son of Om Prakash Gupta, Resident of village- Laulaganj, P.S.- Chousa, District- Madhepura

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department Education, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Director, State Council of Educational Research and Training, Mahendru, Patna

4. The Director, Research and Training Department of Education, Government of Bihar, Patna

5. The Director, Primary Education, Government of Bihar, Patna

6. The Secretary, Bihar Public Service Commission, Bailey Road, Patna

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 3413 of 2019 ======================================================

1. Archana Kumari, Wife of Anil Kumar, Resident of Village- Gopalpur, P.S.-

Vaishali, District- Vaishali

2. Anita Kumari, Daughter of Sitaram Singh, Resident of Rai Gopal Sarkar Lane, Naya Bazar, P.S.- Bhagalpur Kotwali, District- Bhagalpur

3. Kiran Jaiswal, Daughter of Vidya Nand Vedalaankar, Resident of Anant Ram Lane, Near Digambar Jain Mandir, P.S.- Bhagalpur Kotwali, District- Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Bhagalpur

4. Kiran Rana, Daughter of Sahdeo Kumar Rana Resident of West of Manik Sarkar Chowk, Swami Vivekanand Path, P.S.- Bhagalpur Kotwali, District- Bhagalpur

5. Sujay Sinha, Son of Ajoy Kumar Sinha, Resident of Sinha Bari, East of State Bank of India, Lalita Devi Lane, Choti Khanjarpur, P.S.- Adampur, District- Bhagalpur

6. Deokant, Son of Krishna Kumar Singh, Resident of Maurya Colony, P.S.-

Nath Nagar, District- Bhagalpur

7. Kumar Anand, Son of Yogendra Choudhary, Resident of Village-

Kailashdham, P.S.- Adampur, District- Bhagalpur

8. Rashmi Jha, Daughter of Fani Bhushan Jha, District- Bhagalpur

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Director, State Education Research and Training Council, Mahendru, Patna

4. The Director, Secondary Education, Government of Bihar, Patna

5. The Director, Primary Education, Government of Bihar, Patna

6. The Secretary, Bihar Public Service Commission, Patna

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5253 of 2019 ======================================================

1. Sanjeet Kumar, Son of Indradeo Mehta, Resident of Village- Karma Vishrampur, P.S. Mali, District- Aurangabad.

2. Rina Kumari, D/o Suresh Prasad, Wife of Sanjeet Kumar, Resident of Village- Karma Vishrampur, P.S. Mali, District-Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Director, State Council of Educational Research and Training, Mahendru , Patna.

4. The Director, Research and Training, Department of Education, Government of Bihar, Patna.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

5. The Director, Primary Education, Government of Bihar, Patna.

6. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5956 of 2019 ======================================================

1. Prem Kumar, Son of Shyam Babu Prasad, Resident of Digha Ghat, P.S.-

Digha Ghat, District-Patna

2. Pushpa Kumari, Daughter of Mahendra Narayan Yadav, Resident of Mohalla- Laxmisagar, P.S.-Lalit Narayan University Campus, District- Darbhanga

3. Arti Kumari, Wife of Madhvendra Prasad, Resident of Shashi Bhawan, Aazad Colony Road No.3 P.S.-Musahari, District- Muzaffarpur

4. Jyoti Rani, Daughter of Janardan Choudhary, Resident of Ward No.3, M.M Bhandar, Near High School Patarghatti, P.S.-Triveniganj, District- Supaul, Bihar,

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Director, State Education Research and Training Council, Mahendru, Patna

4. The Director, Secondary Education, Government of Bihar, Patna

5. The Director, Primary Education, Government of Bihar, Patna

6. The Secretary, Bihar Public Service Commission, Patna

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 2046 of 2020 ====================================================== Supriya, Wife of Rahul Ranjan, Resident of Arunodaya, Shivshankar Path, P.S.- Mithanpura, Distt- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2. The Principal Secretary, General Administration Department, Bihar, Patna.

3. The Director, State Council of Educational Research and Training, Mahendru, Patna.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

4. The Director, Research and Training, Department of Education, Bihar, Patna.

5. The District, Primary Education, Bihar, Patna.

6. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

7. The District Education Officer, Muzaffarpur.

8. The Chief Executive Officer, Zila Parishad, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 19205 of 2016) For the Petitioner/s : Mr. Siya Ram Shahi, Advocate Mr. Sanjay Kumar Tiwari, Advocate For the Respondent/s : Mr. Lalit Kishore, AG Mr. Pawan Kumr, AC to AG Mr. Prince Kumar Mishra, Advocate For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate For the Interveners : Mr. Shashi Bhushan Singh, Advocate In Civil Writ Jurisdiction Case No. 22519 of 2018) For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra For Interveners : Md. Kamaluddin, Advocate For Intervener Nos. 7 to 18 : Mr. Sanjeev Kumar Singh, Advocate For Intervener Nos. 26 to 30 : Mr. Siya Ram Shahi, Advocate For the Interveners : Mr. Shashi Bhushan Singh, Advocate For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate (In Civil Writ Jurisdiction Case No. 22700 of 2018) For the Petitioner/s : Mr. P. K. Shahi, Sr. Advocate Mr. Vipin Kumar, Advocate For the Respondent/s : Mr. Umesh Narayan Dubey, AC to G.P-27 For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate (In Civil Writ Jurisdiction Case No. 22769 of 2018) For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate For the Respondent/s : Mr. Narendra Kumar, AC to GP-20 For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate (In Civil Writ Jurisdiction Case No. 22862 of 2018) For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate For the Respondent/s : Smt. Shilpa Singh- GA-12 Mr. Ram Vinay Pd. Singh, AC to GA-12 For the BPSC : Mr. Sanjay Pandey, Advocate (In Civil Writ Jurisdiction Case No. 23100 of 2018) For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-15 For the BPSC : Mr. Sanjay Pandey, Advocate (In Civil Writ Jurisdiction Case No. 24017 of 2018) For the Petitioner/s : Mr.Vipin Kumar, Advocate For the Respondent/s : Mr.Shilpa Singh- GA-12 (In Civil Writ Jurisdiction Case No. 3413 of 2019) For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate For the Respondent/s : Smt. Binita Singh (SC-28) Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

For the BPSC : Mr. Sanjay Pandey, Advocate (In Civil Writ Jurisdiction Case No. 5253 of 2019) For the Petitioner/s : Mr. P. K. Shahi, Sr. Advocate Mr. Vipin Kumar, Advocate For the Respondent/s : Mr.Kameshwar Kumar (GP-17) For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate (In Civil Writ Jurisdiction Case No. 5956 of 2019) For the Petitioner/s : Mr.Prince Kumar Mishra, Advocate For the Respondent/s : Mr.Subash Chandra Mishra ( Sc16 ) For the BPSC : Mr. Sanjay Pandey, Advocate (In Civil Writ Jurisdiction Case No. 2046 of 2020) For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Respondent/s : Mr. Amit Bhushan, AC to GP-17 For the BPSC : Mr. Viksash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

Date : 17-03-2021 Heard Mr. Siya Ram Shahi, learned counsel for the

petitioners in C.W.J.C. No. 19205 of 2016. Mr. P. K. Shahi,

learned senior counsel appearing on behalf of the petitioners in

C.W.J.C. No. 22519 of 2018 and Mr. Sanjay Pandey, learned

counsel appearing on behalf of Bihar Public Service Commission.

2. C.W.J.C. No. 19205 of 2016 was filed by two

petitioners challenging the Advertisement No. 06/2016 as well as

validity of Rule. However, it was admitted by the learned counsel

for the petitioners before the Division Bench that validity of any

rule framed under the Bihar Education Services Rules, 2014 is not

under challenge and they are only challenging the validity of

Advertisement no.06/2016 that the advertisement is contrary to

the statutory rules and that is why these matters have been placed

before the learned Single Bench.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

3. On 21.08.2018, after hearing the parties a Co-

ordinate Bench of this Court has passed the following orders:

"Heard the parties.

The petitioners, in the present writ application, are aggrieved by the Advertisement No.06/2016, issued by the Bihar Public Service Commission in respect of appointment of Lecturer through a limited competitive examination in the Government Training Colleges.

The Counsel for the petitioners submits that the petitioners are mainly aggrieved by the Note of the advertisement, which governs the eligibility criteria of the candidates in respect of the above referred advertisement.

Note of the advertisement is as follows : "uksV%& f"k{kd ls rkRi;Z "[email protected]/;@[email protected] (10+2) Lrj ds ljdkjh fo/kky;ksa esa dk;Zjr fu;[email protected];fer fu;ksftr f"k{kd" ls gSA f"k{kkfe= ,oa vU; fdlh Hkh izdkj ds f"k{kd bl vf/k;kfpr Ikn ij fu;qfDr gsrq ik= ugha gksxsaA "

Same includes "Niyamit Niyojit Shikshak" as to when Rule 28(1)(ii) of the Bihar Shikshak Seva Niyamabali, 2014 is as follows :

"28- fu;qfDr dh izfØ;k A & (1) ewy dksfV esa fu;qfDr fuEuor dh tk,xhA %

i) ewy dksfV ds 50 izfr"kr inksa ij fu;qfDr lh/kh HkrhZ ls dh tk,xhA

ii) "ks'k 50 izfr"kr inksa ij fu;qfDr jkT; ds ljdkjh fo/kky;ksa esa dk;Zjr oSls f"k{kdksa ftudh lsok vof/k 3 o'kksZa ls de dh u gks rFkk in ds fy, fu/kkZfjr vgZrk /kkfjr djrsa gksa] ls lhfer izfr;ksfxrk ijh{kk ds ek/;e ls dh tk,xhA mUgsa vf/kdre vk;q lhek esa 05 o'kksaZ dh NwV vuqekU; gksxhA

iii) fu;qfDr gsrq ewy dksfV esa inksa dh x.kuk fo'k;okj fjfDr ds vk/kkj ij dh tk;sxh vkSj fu;qfDr Hkh fo'k;okj dh tk,xhA"

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

The said Rule only refers to teachers in Govt. School and not Niyamit Niyojit Shikshak. Hence the inclusion of Niyamit Niyojit Shikshak in the advertisement by the B.P.S.C. is in contravention to Rule 28(1)(ii).

The petitioners have further relied upon the order dated 20.06.2017 passed in C.W.J.C. No.12005 of 2016. The said writ application was disposed of in the terms as elaborated in paragraph 3, which is as follows :

"3. From the counter affidavits filed on behalf of the State as well as the Bihar Public Service Commission, it transpires that the persons who have been allowed to take part in the said Limited Competitive Examination are only those who are regular Government teachers and not persons who had been appointed as Shiksha Mitras and later on became Panchayat/Block/Nagar Teachers employed on contractual basis."

Considering the aforesaid facts as stated above, the respondents are directed to file further counter affidavit, in the light of the submissions made on behalf of the petitioners, within a period of four weeks.

However, participation of the category of Niyamit Niyojit Shikshak will not confer any indefeasible right to such candidates of the said category which will be subject to the final outcome of this writ application.

List this matter on 26.09.2018 under the heading 'For Orders'."

4. On the other hand, C.W.J.C. No. 22519 of 2018 has

been filed by 60 petitioners against the letter no. 458 dated

12.10.2018 issued by the Principal Secretary, Education, Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Department, Bihar, Patna whereby the Principal Secretary,

Education, Department, Bihar, Patna issued guideline to the Bihar

Public Service Commission to exclude the Niyamit Niyojit

Teachers working in Panchayati Raj institutions and Nagar Nikay

institutions.

5. In C.W.J.C. No. 22519 of 2018 invention petitions

were filed by the interveners, bearing I.A. No. 9582 of 2018, I.A.

No. 02 of 2019, I.A. No. 03 of 2019, I.A. No. 05 of 2021 and I.A.

No. 06 of 2021 and they have opposed the prayer made by the

petitioners in this writ application.

6. Mr. Manan Kumar Mishra, learned senior counsel

appearing on behalf of the interveners of I.A. No. 05 of 2021

opposes the writ application but taking the line of least resistance

he submits that now the result is ready and, therefore, the Court

may dispose of the writ application with a direction to the Bihar

Public Service Commission to publish the result in terms of the

eligibility condition under the Rules.

7. Mr. Shashi Bhushan Singh appearing on behalf of

intervener of C.W.J.C. No. 22519 of 2018 has placed reliance on

oral judgment dated 20.06.2017 passed in C.W.J.C. No. 12005 of

2016 where a Co-ordinate Bench of this Court was made to

understand that the Bihar Public Service Commission as well as Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

State has taken decision that Limited Competitive Examination

are only for those persons, who are regular Government teachers

and not persons who had been appointed as Shiksha Mitras and

later on became Panchayat/Block/Nagar Teachers employed on

contractual basis.

8. Firstly: From order dated 20.06.2017, the Court

finds that the Panchayat/Block/Nagar Teachers were leveled as the

contractual employee though they may not be the Government

Teachers, but they are teachers working in the Government

Schools, therefore, the learned Single Judge was not properly

instructed on the factual aspect. Secondly; learned Single Judge

has not adjudicated any issue, which will apply as a binding

system.

9. Mr. Siyaram Shahi, who appears in C.W.J.C. No.

19205 of 2016 has also appeared on behalf of interveners to

oppose the writ application bearing C.W.J.C. No. 22519 of 2018

and submitted that the petitioners are not eligible in terms of the

Rule and, therefore, the action of the respondents excluding the

petitioners, who are Niyojit Nagar Panchayat/Block Teachers does

not suffer from any infirmity and the action of the State and the

B.P.S.C. are fully justified.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

10. Mr. Sanjay Pandey, learned counsel for the BPSC

submits that the BPSC has acted on the decision of the Principal

Secretary of the Education Department and it is not the decision of

BPSC, but it is the decision of the Secretary of the Education

Department and on that score he submits that the action of the

BPSC, which is challenged in the present writ application is

practically the decision of the State Government and not the

independent decision of the Commission.

11. Adverting to the pleading in C.W.J.C. No. 19205 of

2016, the petitioners in the aforesaid writ application has

questioned the advertisement, particularly, the note appended to

the advertisement, which adds nothing but the reiteration of the

term mentioned in the Rule itself. The advertisement is quoted

below for ready reference:

"1- foKkiu la-&[email protected]] jkT; ds ljdkjh izf"k{k.k egkfo|ky;ksa esa fofHkUu

fo'k;ksa ds O;k[;krk ds uol`ftr dqy 478 ¼pkj lkS vBgRrj½ inksa ij lhfer

izfr;ksfxrk ijh{kk ds }kjk fu;qfDr gsrq lq;ksX; mEehnokjksa ls fofgr izi= esa

vkosnu&i= vkeaf=r fd;s tkrs gSaA

¼ii½ "kS{kf.kd ;ksX;rk%& lacaf/kr fo'k; esa LukrdksRrj] U;wure 58% vadksa ds lkFk

gksuk vfuok;Z gSA

2- foKkiu la- &[email protected]] jkT; ds ljdkjh izf"k{k.k egkfo|ky;ksa esa LokLF; ,oa

"kkjhfjd f"k{kk fo'k; ds O;k[;krk ds uol`ftr dqy 26 ¼NCchl½ inksa ij lhfer Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

izfr;ksfxrk ijh{kk ds }kjk fu;qfDr gsrq lq;ksX; mEehnokjksa ls fofgr izi= esa

vkosnu&i= vkeaf=r fd;s tkrs gSaA

¼ii½ "kS{kf.kd ;ksX;rk%& LokLF; ,oa "kkjhfjd f"k{kk fo'k; esa LukrdksRrj

(M.P.Ed.) U;qure 88% vadksa ds lkFk gksuk vfuok;Z gSA

3- foKkiu la-& [email protected]] jkT; ds ljdkjh izf"k{k.k egkfo|ky;ksa esa dyk ,oa

f"kYi fo'k; ds O;k[;krk uol`ftr dqy 26 ¼NCchl½ inksa ij lhfer izfr;ksfxrk

ijh{kk ds }kjk fu;qfDr gsrq lq;ksX; mEehnokjksa ls fofgr izi= esa vkosnu&i=

vkeaf=r fd;s tkrs gSaA

¼ii½ "kS{kf.kd ;ksX;rk%& pk{kql dyk (Visual Arts)@ izn"kZ dyk

(Performing Arts) esa [email protected]{k& U;qure 55% vadksa ds lkFk gksuk

vfuok;Z gSA

¼a½ p;u dk vk/kkj%& ¼i½ oLrqfu'B ijh{kk esa izkIr vadksa ds vk/kkj ij

lk{kkRdkj fy;k tk,xkA lk{kkRdkj gsrq fjfDr ds 2-5 ¼<+kbZ½ xq.kk mEehnokjksa dks

vkj{k.k dksfVokj vkeaf=r fd;k tk,xkA rRi"pkr~ oLrqfu'B ijh{kk esa izkIr vad]

vdknfed vad ,oa lk{kkRdkj esa izkIr vadksa dks tksM+dj vafre ijh{kkQy rS;kj

fd;k tk,xkA

¼ii½ vuqHko%& fcgkj jkT; ds ljdkjh fo|ky;ksa esa dk;Zjr f"k{kd] ftudh

lsok 03 o'kZ dh gks pqdh gSA

uksV%& f"k{kd ls rkRi;Z "[email protected]/;@[email protected] (10+2) Lrj ds ljdkjh

fo|ky;ksa esa dk;Zjr fu;[email protected];fer fu;ksftr f"k{kd" ls gSA f"k{kkfe= ,oa vU;

fdlh Hkh izdkj ds f"k{kd bl vf/k;kfpr in ij fu;qfDr gsrq ik= ugha gksaxsA " Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

12. Mr. Siyaram Sahi, learned counsel appearing on

behalf of the petitioners submits that in case of conflict between

the advertisement and the Rule, the Rule shall prevail. He submits

that the note appended to the advertisement runs contrary to the

Rule and, therefore, the advertisement is bad.

13. Counsel for the parties are in agreement that 2014

Rules is the deciding factor on the issue of eligibility, suitability

and selection for the post of lecturer in Teachers Training

Colleges.

14. Mr. Siyaram Shahi, learned counsel, with reference

to Rule 28 submits that there are two modes of recruitment, one is

by way of direct recruit and the other is by way of Limited

Competitive Examination amongst the teachers working in the

Government schools, who have completed three years service and

having the prescribed eligibility condition and in their case there

shall be a maximum age relaxation of five years. Mr. Shahi further

submits that for the Limited Competitive Examination, the

condition precedent is that one should be working in Government

School, which necessary meas the Government teachers and any

teachers other than the Government teachers are not qualified. He

refers to the judgment of the Apex Court in the case of State of

Bihar v. Bihar Secondary Teachers Struggle Committee & Ors, Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

reported in 2019(2) PLJR SC 454, particularly, page 470 to

contend that the cadre of regular teacher is District/Division

whereas the Niyojit Teacher cadres is in the respective Panchayat,

Block, Nagar Panchayat, Nagar Parishad, Nagar Nigam or Zila

Parishad. About the status it has been mentioned that the

employee of the State Government where the employees of the

Panchayat Teachers are the employees of respective institutions of

the Panchayati Raj Insitution/ Urban Local bodies or the Zila

Parishad.

15. Mr. Shahi submits that in order to avail the benefit

of Limited Competitive Examination one has to answer the

requirement of cadre because of Limited Competitive

Examination is confined to those, who are in the cadre.

16. The term cadre means total strength of the service.

The Apex Court has also noted that the cadre of Niyojit Teacher is

in the respective Panchayat and Block etc. It does not state that the

Teachers working in the capacity of Panchayat Teacher was not

forming any cadre. Scrutinizing the submission of Mr. Siyaram

Shahi, at the touch stone of the judgment of the Apex Court in the

case of State of Bihar v. Bihar Secondary Teachers Struggle

Committee & Ors (Supra), the Court find that the Apex Court

also noted that Panchayat Teachers also forms the cadre. Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

17. So far as the status is concerned, it is true that they

have not been accepted as Government Teacher, but adverting to

the Rule, it is seen that the condition is that the teacher must be

working in the Government school. There is no stipulation that the

Teacher should be a Government Teacher. Mr. Shahi further

submitted that these Panchayat Teachers are not eligible for

promotion to the post of Headmaster. Mr. Shahi is ignorant of the

Rule, 2012, which inter alia provides for promotion to the post of

Headmaster to the Niyojit Teacher. Rule 15 (Ch)(iii) is quoted for

ready reference, which provides for promotion to the post of

headmaster from the list of trained graduate teachers, who have

satisfactory service of five years.

"Rule 15 (p) (iii) izf"kf{kr Lukrd f"k{kdksa esa ls ojh;rk ,oa Lukrd xzsM esa 5 ¼ik¡p½ o'kksZa dh U;wure lsok ds vk/kkj ij rS;kj ojh;rk lwph ls e/; fo|ky; ds fu;r osru ds iz/kkuk/;kid ds in ij izksUufr nh tk,xhA"

18. Therefore, the Court does not find any merit in the

contention of Mr. Shahi that these Niyojit Teachers are not eligible

for promotion as Headmaster, therefore, they are not eligible to

participate in the Limited Competitive Examination. The Court is

of the considered view that construction, which exclude the

Niyojit Teacher from the zone of consideration for Limited

Competitive Examination is in teeth of the Rule, 2014.

Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

19. Mr. Shahi has referred to the letter of the Director

(Research and Training) dated 07.09.2015 to contend that in the

selection process guideline was sought by the BPSC and after the

clarification from the Director (Research and Training), the BPSC

considered the candidature of the Niyojit Teachers. Referring to

Rule, he submits that the Rule does not permit consideration of the

candidature of Niyojit Teacher. Rule simply says that the teachers

should be working in a Government School and have completed

three years and must possess the minimum qualification. There is

no classification that the teacher eligible in terms of Rule 28

should be only and only the government teacher all that is mention

in the Rule is Teachers working in Government School.

Undisputedly, the Niyojit Teachers are working in the Government

School and in terms of Rule 28, those who have completed three

years, they are eligible in terms of Rule. It is now well settled that

exclusion should be specific and cannot be inferred since the Rule

does not exclude Niyojit Shikshak any construction to exclude the

Niyojit Shikshak from the zone of consideration would be

unsustainable.

20. Mr. Shahi is correct on his submission that the Rule

cannot be diluted or read down in the light of advertisement or Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

Executive instruction. He relied upon the judgment of the Apex

Court, in the case of Malik Mazhar Sultan & Ano. Vs. U.P.

Public Service Commission & Ors, reported in 2006(9) SCC

507 that in case of conflict between the advertisement and the

Rules, the Rules shall prevail. The proposition is well settled and

there is no quarrel on the proposition that Rule shall prevail and it

cannot be read down or diluted by the terms advertisement or by

way of correspondence between the BPSC and the Secretary of

the Department. Since the Rule is most unambiguous and does not

provide any construction or interpretation for Teacher, the term for

exclusion of Niyojit Teacher on the basis of the correspondence

made by the BPSC with the Principal Secretary or the Director

(Research and Training) is not going to help in the matter of

construction of Rule.

21. The Court finds that the Rule is most unambiguous

and, therefore, there is no question of any external aid for

interpretation of the Rule. This is the settled principles of law

holding the field that if any of the Rule is unambiguous, there is

no question of any external aid or any question of interpretation,

hence the objectives raised by Mr. Shahi to question the eligibility

of the Niyojit Teachers runs contrary to the unambiguous Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

provisions of Rule as submitted by Mr. Shahi and also the

Judgment of the Apex Court reported in 2006(9) SCC 507.

22. The Court finds that it is not the terms of the

advertisement or the correspondence made by the BPSC and the

Director (Training) or the Secretary of the Education Department

that will prevail over the unambiguous terms and conditions of

eligibility set out in Rule 28. The Rule has to be given full effect

and the BPSC and the respondents are hereby directed to strictly

follow the rule which does not make distinction between the

Government Teacher or the Regular Teacher or Niyojit Shikshak.

The Rule simply says that teachers working in Government school

and if they have completed three years as teacher they become

eligible subject to condition that educational and other educational

qualification for the post they hold.

23. In the aforesaid circumstance, the Court does not

find any merit in the writ petition (C.W.J.C. No. 19205 of 2016).

It is, accordingly, dismissed.

24. So far as C.W.J.C. No. 22519 of 2018 is concerned,

the same is disposed of with a direction to the BPSC to reconsider

the case of the petitioner and alike in the light of the Rule, as

indicated hereinabove, and adopt corrective measures within a Patna High Court CWJC No.19205 of 2016 dt.17-03-2021

period of 60 days from the date of receipt/production of a copy of

this order.

25. Any other construction on the basis of the

advertisement or any letter issued by the Principal Secretary,

Education Department is contrary to the Rule and is unsustainable.

The BPSC and the concerned respondents are directed to strictly

adhere to the observations and directions issued hereinabove.

26. In view of the above, all the connected writ

applications are also disposed of, as all the counsel appearing on

behalf of other writ applications have adopted the arguments of

C.W.J.C. No. 22519 of 2018.

(Anil Kumar Upadhyay, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.03.2021
Transmission Date       NA