Patna High Court
The State Of Bihar vs Dhirendra Kumar on 8 April, 2025
Author: Ashutosh Kumar
Bench: Partha Sarthy, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1030 of 2024
In
Civil Writ Jurisdiction Case No.1151 of 2024
======================================================
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Old Secretariat,
Bailey Road, Patna-800015.
3. The Secretary, Education Department, Old Secretariat, Bailey Road, Patna-
800015.
4. The Director, Secondary Education, Education Department, Old Secretariat,
Bailey Road, Patna-800015.
5. The Bihar Public Service Commission 15 Jawahar Lal Nehru Marg, Bailey
Road, Patna.
6. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Bailey Road, Patna.
7. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna.
... ... Appellant/s
Versus
1. Dhirendra Kumar son of Sambhu Prasad Yadav, Resident of Govindpur,
P.O.-Chandan, P.S.-Chandan, District-Banka, Pin-814131.
2. Gunjan Kumar, son of Bhushan Sharma, Resident of Sakulachak, P.O.-
Samai P.S.- Muffasil, District- Nawada Pin- 805104.
3. Rathi Kashyap, son of Pankaj Kumar Jha, Resident of Bhatkundi P.O.-
Bhatkundi P.S.- Banka, District- Banka Pin- 813109.
4. Abhishek Kumar, son of Surendra Kumar Yadav, Resident of Sultanpur P.O.-
Andar P.S.- Andar, District- Siwan Pin- 841231.
5. Ramchandra Das, son of Siyaram Das, Resident of Kalyanpur Basti Purav,
P.O.- Mohiuddin Nagar (R.S), P.S- Mohiuddin Nagar, District- Samastipur
Pin- 848502.
6. Aman Kumar Gupta, son of Raju Kumar Gupta, Resident of Gopalpur, P.O.-
Gopalpur, P.S.- Nayagaon District- Saran Pin-841217.
7. Jay Prakash Kumar, son of Ashok Yadav, Resident of Deohara, P.O.-
Deohara, P.S.-Goh, District- Aurangabad, Pin- 824114.
8. Rajeev Ranjan Kumar, son of Ravindra Yadav, Resident of Dihuri, P.O.-
Dihuri, P.S.- Goh District- Aurangabad Pin- 824129.
9. Vimal Kumar, son of Krishnadev Prasad Singh, Resident of Inai P.O.- Inai,
P.S.- Baheri, District- Darbhanga Pin- 847105.
10. Ravi Kumar, son of Balram Choudhary, Resident of NanhkarJayrampur,
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
2/20
P.O.- DharampurRatti, P.S.- Bihpur, District- Bhagalpur, Pin- 853201.
11. Diksha, daughter of Sanjeev Krishna, Resident of Koyladewa, P.O.-
Koyladewa, P.S- Phulwariya, District- Gopalganj, Pin- 841438.
12. Divya Kumari, Daughter of Vijay Kumar Thakur, Resident of Bhagwat
Parsa, P.O.- Bhagwat Parsa, P.S.- Phulwariya, District- Gopalganj, Pin-
841425.
13. Saurabh Raj, son of Satendra Prasad Singh, resident of Damribigha P.O-
Karpi P.S- Karpi District- Arwal Pin- 804419.
14. Vishal Kumar, son of Munilal Ray, Resident of Kazichak P.O- Katkaira P.S-
Koilwar District- Bhojpur Pin- 802160.
15. Rahul Kumar Pandey, son of Kusheshwar Pandey, Resident of Gangawaliya
P.O- Basahi P.S- Kudra District- Kaimur (Bhabhua) Pin- 821108.
16. Sudhanshu Kumar, son of Vijaymal Kumar Rai, Resident of Chitragupta
Colony Bikramganj P.O- Bikramganj P.S- Bikramganj District- Rohtas Pin-
802212.
17. Ravi Kumar, son of Umesh Prasad, resident of Banwara P.O- Chiksaura P.S-
Chiksaura District- Nalanda Pin- 801302.
18. Ravi Kumar, son of Ramuday Sharma, Resident of Rajkharsha P.O-
Koilbhupat P.S- Mehendiya District- Arwal Pin- 804430.
19. Akshay Kumar, son of Sonelal Paswan, Resident of Rusulpur Vinu Nagar,
P.O- Bhikhanpur P.S- Ahiyapur District- Muzaffarpur Pin- 842004.
20. Sadhana Yadav, Daughter of Samarath Yadav, Resident of
Vishwapalpur,P.O- Baraipar, P.S- Tezibazar, District- Jaunpur Pin- 222144.
21. Shreekant Kumar, son of Balkrishn Sah, Resident of Berai P.O- Berai P.S-
Hathauri District- Muzaffarpur Pin- 843129.
22. Manish Kumar, son of Sadanand Yadav, resident of Bishanpur P.O- Basaha,
P.S- Pipra District- Supaul Pin- 852131.
23. Shobhit Suman, son of Santosh Kumar Mandal, Resident of Sameli P.O-
Sameli P.S- Kursela District- Katihar Pin- 854101.
24. Yash Manan, son of Anirudh Narayan Resident of Mahavir Mandir Lane,
Mahendru P.O- Mahendru P.S- Sultanganj District- Patna Pin- 800006.
25. Vishal Bharti, son of Dinesh Prasad Mandal, Resident of Tikapatti P.O-
Tikapatti P.S- Tikapatti District- Purnea Pin- 854101.
26. Sonam Kumari, wife of Mannu Kumar, Resident of Katari P.O- Katari P.S-
Korma District- Sheikhpura Pin- 811102.
27. Shahid Khan, son of Shamshad Khan, Resident of Karari P.O- Karari P.S-
Durgawati District- Kaimur Pin- 821105.
28. Mahima Bharti, Daughter of Vidyanshu Kumar, Resident of Paunihasanpur,
P.O- Paunihasanpur P.S- Vaishali District- Vaishali Pin- 844123.
29. Sachit Kumar, son of Lalbahadur Yadav, Resident of Rariyaha P.O-
Ghailarh, P.S- Ghailarh District- Madhepura Pin- 852124.
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
3/20
30. Anurag Ranjan, son of Randhir Kumar Tiwari, Resident of Paunihasanpur,
P.O- Paunihasanpur P.S- Vaishali District- Vaishali Pin-844123.
31. Moni Kumari, Daughter of Sri Satyendra Sah, Resident of Parmanandpur
Lal P.O- Chhitrauli P.S- Mahua District- Vaishali pin- 844126.
32. Md. Shamshad Alam, son of Md. Sajjad Alam, Resident of Marar South,P.O-
Marar South, P.S- Murkahi District- Khagaria Pin- 851205.
33. Ravijeet Kumar Jha, son of Umesh Chandra Jha, Resident of Haripur Baxi
Tol P.O- Haripur Baxi Tol P.S- Kaluahi District- Madhubani Pin- 847229.
34. Anjani Kumari, Daughter of Subodh Kumar, Resident of Gaway P.O-Gaway,
P.S- Sheikhpura District- Sheikhpura Pin- 811105.
35. Dhiraj Kumar, son of Ramanuj Prasad Yadav, Resident of Pachoi P.O- Dema
Fatehpur P.S- Khizersarai District- Gaya Pin- 824233.
36. Abhinav Singh, Son of Krishna Mohan Singh, resident of Sultanpur East,
P.O- Sultanpur East P.S- Mohiuddin Nagar District- Samastipur Pin- 848501.
37. Anupam Vikash, son of Jay Prakash Ram, Resident of Madhopur P.O-
Madhopur P.S- Chandramandih, District- Jamui Pin- 811303.
38. Ajay Patel, son of Aparbal, Resident of OdharaSalempur, P.O- Nainijor, P.S-
Raunapar District- Azamgarh Pin- 276122.
39. Golu Kumar Pandey, son of Damodar Pandey, Resident of Hemdapur P.O-
Parasia, P.S- Brhampur, District- Buxar Pin- 802111.
40. Ashish Tripathi, son of Ramsagar Tripathi, Resident of
ChandupurAmrayan,P.O- Sarai Akil, P.S- Sarai Akil, District- Kaushambi
Pin- 212216.
41. Vimlesh Kumar, son of Guna Singh Resident of Lodipur, P.O- Saidabad, P.S-
Pali (Kako) District- Jehanabad Pin- 804417.
42. Pramjeet Kumar, son of Hareram Mandal, Resident of Kothra P.O- Kothra,
P.S- Hayaghat, District- Darbhanga Pin- 847105.
43. Rekha Kumari, Daughter of Subhash Prasad Singh, Resident of
Shankarpur,P.O- Shankarpur, P.S- Roshra, District- Samastipur Pin- 848117.
44. Sarswati Kumari, Daughter of Shravan Kumar Singh, Resident of Rajwara,
P.O- Inai, P.S- Baheri, District- Darbhanga Pin- 847105.
45. Ayush Bhushan, son of Anil Kumar, Resident of Kurtha, P.O- Kurtha, P.S-
Kurtha, District- Arwal, Pin- 804421.
46. Om Prakash Singh, son of Hridya Narayan Singh, Resident of Devasthapur,
P.O- Atrauna, P.S- Itarhi, District- Buxar Pin- 802123.
47. Gaurav Raj, son of Sudhist Narayan Thakur, Resident of Nawalpur, P.O-
Mushari, P.S- Kathiya, District- Muzaffarpur, Pin- 843124.
48. Sunny Kumar, son of Arvind Kumar Chaudhary, Resident of Chhajan Hari
Ray Tola, P.O- Chhajan Hari Shankar, P.S- Kurhani, District- Muzaffarpur,
Pin- 844127.
49. Ashish Raj, son of Dilip Sah, Resident of Kuari, P.O- Kuari, P.S-Kursakanta,
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
4/20
District- Araria, Pin- 854332.
50. Ragni Verma, Daughter of Anil Kumar Verma, Resident of Fakharpur, P.O-
Fakharpur, P.S- Arwal, District- Arwal, Pin-804401.
51. Suprita Kumari, Daughter of Ram Chandra Singh, Resident of Rampur, P.O-
Inai, P.S- Baheri, District- Darbhanga, Pin- 847105.
52. Md. Shahanshah Ansari, Son of Md. Nishar Ansari, Resident of Vill.
-Pratappur, P.O.-Dhandh, P.S. and District-Jamui, State-Bihar, Pin Code-
811307.
53. Dheeraj Kumar Pandey, Son of Himanchal Pandey, resident of -Vill.
Bakrahua, P.O.- Deora Bazar, P.S.- Jogiya, District- Siddharth Nagar, State-
Uttar Pradesh, Pin Code- 272207
54. Ashutosh Kumar Mishra, Son of Rajesh Kumar Mishra, Resident of Village-
Jafrabad, Post office- Eklamisraulia, Police Station/Sub Division. -Rudrapur,
District- Deoria, State- Uttar Pradesh, Pin Code- 274204
55. Suman Yadav, Daughter of Dayaram yadav, Resident of - Vill. -Naharpur
vijainpur sajhara, P.O.-Rampur bhagan, P.S. -Tarun, Sub-division -Bikapur,
District -Faizabad (Ayodhya), State- Uttar Pradesh, Pincode -224203.
56. Bhavesh Kumar, Son of Ram Janki Sah, Resident of Khamhar, Begusarai,
P.O.-Rajaura, P.S.- Muffasil thana, District- Begusarai, State-Bihar, Pin
Code-851131.
57. Prashant Shrivastava, Son of Pramod Shrivastava, Resident of - Ward No.
2,Sikandarpur Bhander, P.O. and P.S.- Bhander, District- Datia, State-
Madhya Pradesh, Pin Code- 475335.
58. Md. Tahsin, Son of Md.Reyazuddin, Resident of Vill. and Post- Katesar, P.S
Bihta, District-Patna, State-Bihar, Pin Code- 801103.
59. Naveen Kumar Singh, Son of Satyendra Kumar Singh, Resident of Vill.-
Barahara, Post- Semraon, Block and P.S.- Charpokhari, District- Bhojpur,
State- Bihar, Pin Code- 802203.
60. Vivek Kumar, Son of Amod Thakur, Resident of Vill.- Birar, P.O.- Bela
Shantikutir, P.S.- Nanpur, District- Sitamarhi, State- Bihar, Pin Code-
843333.
61. Jitendra Kumar Deepak, Son of Suresh Yadav, Resident of Vill.-Kamat Tola,
P.O.- Pakrail, P.S.-Maheshkhunt, S.D.- Gogari, District- Khagaria, State-
Bihar, Pin Code- 851213.
62. Md Mahtab Ansari, Son of Md. Zafar Ansari, Resident of Araria Bairgachhi
Momin Tola, P.O.- Bairgachhi, P.S.- Bairgachhi Araria, District- Araria,
State-Bihar, Pin code- 854311.
63. Ankit Kumar Yadav, Son of Sriram Yadav, Resident of Rehati (Banpurvan),
P.O.-Trilochan Mahadev, P.S- Jalalpur, District - Jaunpur, State - Uttar
Pradesh, Pin Code -222136.
64. Antima Yadav, Daughter of Ram Prit Yadav, Resident of Vill.-Bistara, P.O.-
TaharKishundevpur, P.S.- Kaptanganj, District- Azamgarh, State- Uttar
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
5/20
Pradesh, Pin Code- 276141.
65. Gautam Kumar, Son of Kuwar Pal Singh, Resident of Vill.- Sulkhanpur,
Post- Chhachha, S.D.- Bhongaon, District- Mainpuri, State- Uttar Pradesh,
Pin Code- 205262.
66. Pavan Kumar, Son of Surajram, Resident of Vill./City- Harpalpur, Ward no.-
11, Galan Road, P.O.-Sarsed, P.S.-Harpalpur, S.D.- Nowgong, District-
Chhatarpur, State- Madhya Pradesh, Pin Code- 471111.
67. Abhishek Singh, Son of Sri Shankar Vaksh Singh, Resident of 73, Village-
Karaundi, P.O.-Bambhaur, P.S.-Rampur Kalan, District-Sitapur, State-Uttar
Pradesh, Pin Code-261206.
68. Rishabh Kumar Modanwal, Son of Shri Ravi Shankar Modanwal, Resident
of Vill.- Mahul, P.O.- Mahul, P.S.- Ahiraula, District- Azamgarh, State- Uttar
Pradesh, Pin Code-223225.
69. Shubham Gupta, Son of Shri Aditya Kumar Gupta, Resident of Mohalla
-Kumharantola Gola Gokarannath, P.O.and P.S.- Gola Gokarannath, District-
Lakhimpur Kheri, State-Uttar Pradesh, Pin Code-262802.
70. Dharmendra Kumar, Son of - Krishn pal, Resident of Vill.- Pannaha, Post-
Pannaha, P.S. - Marka, District - Banda, State - Uttar Pradesh, Pin code
-210125.
71. Zubaida Khatoon, Daughter of - Ali Ahmad, Resident of Vill.-
Matloobpur,P.O.- Nugpur, P.S.- Jalalpur, District- Ambedkar Nagar, State-
Uttar Pradesh,Pin Code - 224149.
72. Sujata, Daughter of Virendra Pratap, Resident of- C/O Amit Shakya, 121/12
Maharana Pratap Nagar Etah, P.O. and P.S. - Etah, District- Etah, State-Uttar
Pradesh, Pin Code- 207001.
73. Prajjwal Gupta, Son of Sri Manoj Gupta, Resident of Meerpara, Nagar
Panchayat Hathgaon, ward no 8 Dighwara, Hathgaon P.O. and P.S.-
Hathgaon, District-Fatehpur, State-Uttar Pradesh, Pin Code- 212652.
74. Rohit Kesharwani, Son of Shri Subhash Chandra Kesharwani, Resident of-
09 ChaukthaLohraBharatnagarShankargarh Bara Prayagraj, District-
Prayagraj, State-Uttar Pradesh, Pin Code-212106.
75. KM Priyanka Yadav, Daughter of Arun Kumar, Resident of Village
-Hafijpur, P.O.-Bharamau, P.S.-Rasulabad, District-Kanpur Dehat, State-
Uttar Pradesh, Pin code - 209306.
76. Km Payal, Daughter of Shiwaprakash Verma, Resident of Ibrahimpatti Chak
Habsapur Ballia, P.O.-Ibrahimpatti Ballia, P.S.-Bhimpura, State- Uttar
Pradesh, Pin code - 221716.
77. Kamal Singh, Son of Anil Singh, Resident of Sindhan Kalan, P.O.-
SindhanKalan, P.S. - Pailani, District-Banda, State-Uttar Pradesh, Pin code-
210126.
78. Indresh Kumar Maurya, Son of Raghav Prasad Maurya, Resident of Vill.-
Nahsapar, Post- Chakdahi, P.S.- Khalilabad, District-Sant Kabir Nagar,
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
6/20
State- Uttar Pradesh, Pin Code-272175.
79. Babita, Daughter of Birendra Chaurasia, Resident of Village- Dharmer, P.O.-
Dharmer, P.S.-Mail, District- Deoria, State-Uttar Pradesh, Pin code-274505.
80. Anuj Kumar Singh, Son of Harishchand Singh, Resident of 241, Vill. -
HauzKhas, P.O.and P.S.- Zafarabad, District- Jaunpur, State-Uttar Pradesh,
Pin Code-222180.
81. Pulkit Sharma, Son of Shri Vinod Kumar Sharma, Resident of Nand
ViharPhase-1, Near Saiyyad Chauraha , Melrose Bypass Road Aligarh ,
District-Aligarh, State-Uttar Pradesh, Pin Code-202001.
82. Jitendra Kumar Kushwaha, Son of Sri Ramkeval Kushwaha, Resident of
Vill.-Kusamha Mahuawa, Post-Laxmiganj, P.S.-Ramkola, District-
Kushinagar, State-Uttar Pradesh, Pincode-274306.
83. Anjali Mishra, Daughter Of - Mahendra Pratap Mishra Resident of Vill.-
Basganv, P.O.-Bhagasa, P.S.- Sarpataha District- Jaunpur, State-Uttar
Pradesh, Pin Code- 223102.
84. Abhinav Singh, Son of Suresh Kumar, Resident of House No. 88, sector
6b,Phase 2, Buddhi Vihar Avas Vikas Moradabad, P.O. and P.S.-Majhola,
District- Moradabad, State-Uttar Pradesh, Pin code - 244001.
85. Rinkee Pal, Daughter of Shri Ram Pal, Resident of Vill. -Khutahan, P.O.-
Khutahan, P.S.-Khutahan, District-Jaunpur, State-Uttar Pradesh, Pin Code-
223104.
86. Awadhesh Kumar, Son of Virendra Singh, Resident of Vill.-Khairwa, P.O.-
Kopia, P.S.- Bakhira, S.D.- Khalilabad, District- Sant Kabir Nagar, State-
Uttar Pradesh, Pin Code- 272175.
87. Suchita Pandey, Daughter of Dinesh Pandey, Resident of Vill. -Siswa Bazar
Bijapar Pandey tola, Post - Siswa Bazar, Sub-division- Nichlaul, P.S.-
Kothibhar, District - Maharajganj, State- Uttar Pradesh, Pin No.-273163.
88. Saista Bano, Daughter of Sabir Hussain, Resident of Bodh Bigha Mehandiya
Arwal, P.O - Jaipur, P.S- Mehandiya, District-Arwal, State - Bihar, Pin code-
804428.
89. Manu Kumari, Daughter of Ramesh Kumar, Resident of C1, 589a, Gali
No.22, Near Lal Mandir, P.O.- Harsh Vihar, District- North East Delhi, Pin
Code-110093.
90. Vivek Tripathi, Son of Sri Onkar Nath Tripathi, Resident of Vill.-Haripur,
P.O.-KutirChakkey P.S.- Jalalpur, District-Jaunpur, State-Uttar Pradesh, Pin
Code-222146.
91. Sahani Neelam Kumari Dharmraj, Daughter of Dharmraj Sahani, Resident
of Vill.-Bibipur, Post-Fatehpur, Taluka-Narja, Mau, State- Uttar Pradesh, Pin
Code-275304.
92. Vijay Saurabh Raj Singh, Son of Jitendra Kumar Singh, Resident of Rajput
Newari, Post- BhriguAsharam, P.S.-Japlinganj Thana Kotwali Ballia,
District- Ballia, State- Uttar Pradesh, Pin Code- 277001.
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
7/20
93. Nitesh Kumar Singh, Son of Ajay Kumar Singh, Resident of Tapni,
Janaupur, Ballia ,P.O.- Janaupur, P.S.-Sukhpura, District- Ballia, State- Uttar
Pradesh, Pin code -277123.
94. Km Shashi Dubey, Daughter of Pramod Kumar Dubey, Resident of Vill.-
Shastri Nagar Chitbaragaon, P.O.and P.S.-Chitbaragaon, District-Ballia,
State-Uttar Pradesh, Pin Code-221713.
95. Nitish Kumar Pandey, Son of Ramji Pandey, Resident of Vill.-Bariyarpur,
P.O.- Sakarpura, P.S.-Bansdih, District- Ballia, State-Uttar Pradesh, Pin code
- 277213.
96. Md Akhlaque Ahmad, Son of Md Ehsan Uddin, Resident of Vill.-
RamnagarKharjama, P.O.- kochra, P.S.- Khudaganj, District - Nalanda,
State- Bihar, Pin code- 801303.
97. Nirbhay Shankar, Son of Jitendra Singh, Resident of Vill.-Pashchimi
English,Post-Bihta, P.S.- Imadpur, Dist.- Bhojpur, State- Bihar, Pin Code-
802209.
98. Nitish Kumar Kushwaha, Son of Satya Narayan Mahto, Resident of Village-
Chharapatti, P.O.-Siktiyahi, P.S.-Khutauna, District-Madhubani, State-Bihar,
Pin Code-847227.
99. Vikash Kumar, Son of Sanjay Chaudhary, Resident of Village and P.O.-
Bhabua, P.S. and S.D.- Bhabua, District-Kaimur, State- Bihar, Pin Code-
821101.
100 Nitu Maurya, Daughter of Ramniwas Maurya, Resident of Vill.-Sauli, Post-
. Pakarahat, P.S.-Pannuganj, District -Sonbhadra, State-Uttar Pradesh, Pin
Code-231213.
101 Vijay Kumar, Son of Mahesh Sharma, Resident of Village-Mahamadpur,
. P.O.-Mahamadpur Badal, P.S. -Sakra District -Muzaffarpur State- Bihar, Pin
Code-843119.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. P.K. Shahi, Advocate General
Mr. Ajay, GA-5
Mr. Saurav Kumar, AC to GA-5
For the Respondent/s : Mr. Y.V. Giri, Sr. Advocate
Mr. Pranav Kumar, Advocate
Ms. Shristi Singh, Advocate
For the Intervenor : Mr. Mrigank Mauli, Sr. Advocate
Mr. Prince Kumar Mishra, Advocate
Mr. Sanket, Advocate
Mr. Navin Kumar Singh, Advocate
Mr. Jagjit Roushan, Advocate
For the Commission : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
8/20
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 08-04-2025
Heard the learned counsel for the parties.
2. The State of Bihar and the Bihar Public
Service Commission (in short the Commission) and
others have challenged the judgment dated 18.07.2024
passed by a learned Single Judge of this Court in
C.W.J.C. No. 1151 of 2024, whereby the State of Bihar
and the Director of Secondary Education have been
directed to identify the number of vacancies that had
arisen due to non-appointment of the candidates
recommended by the Commission as Primary Teachers
for Class-I to V pursuant to Advertisement No. 26/2023
for want of requisite qualifications and convey the same
to the Commission and on receipt of such information,
the Commission has been directed to publish a
supplementary result in order of merit from the selection
held pursuant to Advertisement No. 26/2023, subject to
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
9/20
the candidate(s) having secured the cut-off marks and
meets the cut-off date of birth prescribed by the
Commission.
3. The respondents/applicants had
approached the High Court for issuance of a mandamus
to the Commission to publish a supplementary/revised
merit list for teachers in Primary Schools for Class-I to V
in Advertisement No. 26/2023, dated 30.05.2023,
against the vacancies that could not be filled due to
ineligibility/disqualification of provisionally successful
candidates for non-passing of the CTET and D.El.Ed.
Examinations; to publish the result of the respondents in
the fresh supplementary list and call them for document
verification and allot respective schools; to lower down
the cut-off date of birth in all the categories in the
supplementary/revised merit list for teachers in Primary
Schools for Class-I to V and for a direction to the
appellants not to merge/include the left-over vacancy of
Advertisement No. 26/2023 dated 30.05.2023 with the
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
10/20
future vacancy of Teachers' Recruitment Examination.
4. The Commission had published an
advertisement, bearing No. 26/2023, dated
30.05.2023
, inviting online applications for 1,70,461
posts for appointment of Primary School Teachers for
Class-I to V; Secondary School Teachers for Class-IX
and X and Senior Secondary School Teachers for Class-
XI and XII. For the posts of Primary School Teachers
for Class-I to V for general subjects, the number of
posts advertised was 67,066 with which the respondents
are concerned.
5. The advertisement provided the eligibility
criteria that in case of candidates obtaining same marks,
age would be given precedence and in case, age will be
the same, the alphabetical order would be given the
priority.
6. The respondents claimed to possess all
the requisite qualifications, but their names were not
included in the list of successful candidates, numbering
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
62,653.
7. At the time of publishing of the result,
the cut-off marks and the cut-off date of birth for
Primary Teachers for different categories, on the basis
of the written examination held on 24.05.2023 and
25.05.2023, was also published.
8. The claim of the respondents before the
learned Single Judge was that they had secured
qualifying marks as published by the Commission for
Primary School Teachers, but their names were not
included in the merit list because of the cut-off date of
birth fixed by the Commission, in which the respondents
were lesser in age than the selected candidates. The
grievance of the respondents before the learned Single
Judge was that against 67,066 posts advertised under
the general subject category, only 62,653 candidates
were selected. Apart from this, many of the selected
candidates had not joined on account of multiple
selection of some of them for different posts and some
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
were not found to possess the requisite qualification,
which vacancy was 4619. Under such circumstances,
the respondents had contended, the Commission ought
to have published supplementary/additional select list to
fill up the vacancies.
9. The selection and appointment of
teachers is made under the Bihar State School Teachers
(Appointment, Transfer, Disciplinary Proceeding and
Service Conditions) Rules, 2023 (in short the Rules of
2023).
10. The respondents are not aggrieved by
the process of selection as well as the process of
appointment adopted by the appellants. They only want
that vacant positions, instead of being carried over to
the next recruitment process, be filled up with the
respondents because they fulfill all criteria.
11. According to Rule 7 of the Rules of
2023, all the candidates were allowed to participate in
the selection process on the basis of self-declaration in
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
relation to the qualification which was required to be
verified by the Administrative Department of the
Government at the time of appointment.
12. This process, referred to above, was
also incorporated in the Advertisement No. 26/2023
(TRE-I).
13. During the course of verification of
certificates by the Department, many candidates were
found to be ineligible and many recommended
candidates did not join because of their selection on
multiple posts. Considering this aspect of the matter,
the Director of Secondary Education had written a letter
to the Commission on 24.10.2023, intimating to him the
concurrence of the Department for sending
recommendation for the vacancies created due to
ineligibility of selected applicants as also for non-joining
of teachers who were appointed on multiple posts.
14. This was replied by the Commission
vide communication dated 26.10.2023 requesting for
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
preparation of a detailed description regarding the
vacancies arising because of the above reasons.
15. A supplementary result was published
by the Commission on 10.12.2023 of 467 candidates,
but only against the vacancies that had arisen because
of the candidates not joining as Primary Teachers
because of their selection on multiple posts. No
recommendations appear to have been made against the
vacancies created on account of candidates not found to
be eligible by the Department.
16. It appears from the records that the
remaining vacancies of Advertisement No. 26/2023, on
which no recommendations were made by the
Commission, had been carried forward in Advertisement
No. 27/2023 (TRE-II).
17. On the basis of the records available
before the learned Single Judge, three kinds of
vacancies were identified, viz., (i) the seats remaining
vacant because of the Commission recommending lesser
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
number of candidates which was carried forward in the
next advertisement; (ii) the seats remaining vacant
because of recommendation of same candidate on
multiple posts for which a supplementary result of 467
candidates was published and (iii) the seats remaining
vacant because of recommendation of ineligible
candidates, which also was carried forward in the next
advertisement. The vacancy in the third category could
be calculated only after the conclusion of examination
against next Advertisement No. 27/2023. Because of
this, the supplementary result was published against
seats which remained vacant due to recommendation of
same candidate on multiple posts only.
18. On behalf of the appellants, it has been
submitted that the directions have been issued by the
learned Single Judge on the basis of the communication
made by the Department, but the fact of the matter is
that determination of the cut-off marks and declaration
of results are in the domain of the Commission and not
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
of the Education Department. Rule 7(iv) of the Rules of
2023 prescribe that Commission shall determine the
pattern of the examination for which it may consult and
take advice from the Department as per requirement,
which does not include matters in relation to declaration
of result or supplementary result. Rule 7(v) of the Rules
of 2023 further prescribes that the discretion to fix cut-
off marks for the examination shall vest with the
Commission. The Education Department has not been
conferred with any such power to tinker with that
decision.
19. It has also been contended that even
TRE-III also has been announced and the selection
process is afoot.
20. The appellants have urged that a
recruiting agency cannot be compelled to fill up all
available posts in the event of non-availability of
persons of desired merit. The employer/recruitment
agency has the responsibility of fixing a cut-off position,
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
which cannot be interfered with, unless it is irrational or
is tainted with mala fides.
21. On this Court seeking a specific query
from the Commission about the writ-
petitioners/respondents meeting the qualifying cut-off
marks and qualifying cut-off age, it was categorically
stated that amongst the writ-petitioners, nobody was in
the category of candidates who qualify to be appointed
on the basis of cut-off marks and cut-off date of birth.
22. In fact, the Education Department,
Govt. of Bihar vide its communication dated 22.11.2024
had requested the Commission to provide information in
the light of Advertisement No. 26/2023 regarding
school teachers for Class-I to V as to the number of
candidates whose marks and date of birth were similar
to the cut-off marks and cut-off date of birth fixed by
the Commission in their category, but their names were
not in the merit list. Pursuant to such request, the
Commission informed the Department that there are no
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
such candidates whose marks and date of birth were
similar to cut-off marks and cut-off date of birth fixed by
the Commission in their category. The writ petitioners
though have secured equal marks to the cut-off marks in
their respective categories for which candidates senior in
age have been recommended.
23. Commenting upon the afore-noted
stand of the Commission and the Government, the
respondents/writ petitioners have stated that there were
existing vacancies which were not carried forward to
TRE-III. In fact, the vacancies kept on arising. Even as
on date, vacancies exist.
24. However, we have taken into account
the categorical statement of the Commission that no
respondents/writ petitioners met the cut-off threshold of
date of birth, though they had obtained marks equal to
the selected candidates. We have also considered that
the vacancies were carried forward and two consecutive
selection process got activated.
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
25. The law operating in the field in this
behalf is neither in doubt nor in dispute. There is no
legal right to appointment but only of being considered,
which is subject to bona fide action on the part of the
State. An aspirant has no legal right and the superior
Court, in exercise of its judicial power of review, would
not ordinarily direct issuance of any writ in the absence
of any pleading and proof of mala fide or arbitrariness
on the part of the employer. [Refer to Shankarsan
Dash Vs. Union of India : (1991) 3 SCC 47; R.S.
Mittal Vs. Union of India : 1995 Supp.(2) SCC 230
and Food Corporation of India & Ors. Vs. Bhanu
Lodh & Ors. : (2005) 3 SCC 618].
26. It is not incumbent upon the employer
to fill all posts but discretion not to appoint, must be
exercised judiciously. Courts normally would not
interfere with the discretion not to fill up posts but
exercise of such discretion should not be arbitrary,
capricious or whimsical. [Refer to Dinesh Kumar
Patna High Court L.P.A No.1030 of 2024 dt.08-04-2025
Kashyap & Ors. Vs. South East Central Railway &
Ors. : (2019) 12 SCC 798].
27. For the afore-noted reasons, we are of
the opinion that it is not a fit case where the impugned
judgment could be sustained.
28. The judgment impugned is, thus, set
aside.
29. All interlocutory applications also are
disposed off in terms of this judgment.
30. The appeal succeeds.
(Ashutosh Kumar, ACJ)
Partha Sarthy, J: I agree.
(Partha Sarthy, J)
Praveen-II/-
AFR/NAFR AFR
CAV DATE 19.02.2025
Uploading Date 08.04.2025
Transmission Date N/A
