Patna High Court
Md. Nair Azam vs The State Of Bihar on 30 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4733 of 2022
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Md. Nair Azam Son of Abdul Moghni Resident of Village and P.O. - Betaha,
P.S. Bela, District- Sitamarhi, 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 Secretary, Bihar Public Service Commission, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy 1, SC-13
Mr. Jai Prabhat Kishore, AC to SC-13
For the B.P.S.C. : Mr. Neeraj Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 30-08-2025
Heard Mr. Prince Kumar Mishra, learned counsel
appearing on behalf of the petitioner; Mr. Jai Prabhat Kishore,
learned AC to SC-13 appearing on behalf of the State and Mr.
Neeraj Kumar, learned counsel appearing on behalf of the
Bihar Public Service Commission.
2. The petitioner is aggrieved by the action of the
Bihar Public Service Commission (hereinafter referred to as
"the Commission") in not recommending the petitioner's
candidature for appointment for the post of Lecturer in Urdu
subject in the Government Teachers Training College
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pursuant to Advertisement No. 06/2016 issued by the
Commission.
3. The respondent-Commission had issued the
Advertisement No. 06/2016 inviting application for Lecturer
in various subjects including Urdu. The total posts advertised
for the post of Lecturer in Urdu subject were 16, out of which,
8 posts were for unreserved candidates.
4. The petitioner belongs to unreserved category.
5. It is the case of the petitioner that the
Commission, after conclusion of the selection process,
published a select list on 28.02.2022, wherein, only seven
candidates were selected under the unreserved category for
appointment as Lecturer in Urdu subject and according to the
petitioner, the petitioner was at serial no.8 in the merit list
under the general category. Accordingly, since total 8 posts of
Lecturer in Urdu subject under the unreserved category were
advertised, the Commission ought to have selected 8
candidates including the petitioner for appointment for the
post of Lecturer in Urdu subject.
6. The respondent - Commission has contested the
case by filing a counter affidavit, wherein, it has been stated
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that the petitioner had obtained 39.005 marks and was placed
at serial no. 11 of the overall merit-list.
7. Though, the petitioner is stated to have been
ranked at serial no. 11 in the overall merit-list, it has not been
denied by the Commission that amongst the
general/unreserved category candidates, the petitioner's merit-
position is at serial no. 8.
8. The Commission has further stated in the counter
affidavit that though 8 posts of Lecturer in Urdu subject was
advertised vide Advertisement No. 06/2016 under the
general/unreserved category candidates, but only 7 candidates
have been selected because of the Resolution of the State
Government dated 22.01.2021 to follow the reservation policy
meant for the disabled persons.
9. Consequent thereupon, the Commission has
decided to keep one post of Lecturer in the Urdu subject
reserved for visually impaired candidates to give effect to the
Resolution dated 22.01.2021. It is because of the aforesaid
reason, the petitioner, though ranked at serial no. 8 under the
Unreserved category, could not be recommended for
appointment against the 8th post of Lecturer in Urdu subject
Patna High Court CWJC No.4733 of 2022 dt.30-08-2025
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under the general category candidates, which has been kept
reserved for visually impaired person as stated hereinabove.
10. The respondent-State has also filed a counter
affidavit contending the same as that of the respondent -
Commission.
11. Upon hearing the learned counsel for the parties
as well as on perusal of the materials on record, there remains
no dispute that in terms of Advertisement No. 06/2016 issued
by the Commission, 8 posts of Lecturer in Urdu subject under
general/unreserved category were advertised for the
Government Teachers Training College, against which, vide
the result/select-list published on 28.02.2022, only 7
candidates under the general/unreserved category for the post
of Lecturer in Urdu subject, were selected. It is also not in
dispute that the petitioner in the merit list was at serial no. 8
under the general/unreserved category for the post of Lecturer
in Urdu subject. The ground for not recommending the name
of the petitioner to the Government for appointment is that
vide Resolution of the Government dated 22.01.2021 to
follow the mandate of the disability law, one post, out of eight
posts advertised, has been decided to be kept vacant for the
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visually impaired person and since there was no candidate
under the visually impaired category, no recommendation
could be made for appointment as Lecturer in the subject of
Urdu against the 8th post advertised.
12. The Advertisement No. 06/2016 has been made
by the respondent-Commission pursuant to a requisition made
by the department on 13.05.2015. The requisition sent by the
Department to the Commission dated 13.05.2015 has been
enclosed by the respondent-Commission as Annexure-R/1
series to the counter affidavit filed.
13. On perusal of the requisition dated 13.05.2015,
sent by the Department to the Commission on the basis of
which the advertisement was issued and the selection was
made pursuant thereto, there is no indication that out of the
eight posts of Lecturer in Urdu subject advertised for
Government Teachers Training College, one post will be kept
reserved for visually impaired person in terms of the mandate
of the disability law.
14. Therefore, it appears that at the time the
recruitment process started for the post of Lecturer in Urdu
subject for Government Teachers Training College, there were
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eight vacant posts to be filled up by the General/Unreserved
category candidates. Once the selection process has started for
filling up of 8 posts of Lecturers in Urdu subject by the
Unreserved category, the said vacancies could not have been
changed by a subsequent resolution dated 22.01.2021, which
is much later in point of time than the date on which the
requisition was sent by the Government and the public
advertisement was issued by the Commission in which also
there was no indication that out of 8 posts advertised for
General/Unreserved category candidates of Lecturers in Urdu
subject, one post will be kept reserved for visually impaired
candidates.
15. Under the circumstances, I am of the considered
view that the said vacancy position as indicated in the
Advertisement No. 06/2016, issued by the Commission on
the basis of the requisition sent by the Department could not
have been altered on the basis of Resolution made on
22.01.2021
by the Government which would have the effect
of denying the appointment of the petitioner in terms of the
Advertisement No. 06/2016.
16. Accordingly, in the facts and circumstances as
Patna High Court CWJC No.4733 of 2022 dt.30-08-2025
stated hereinabove, I find that the petitioner is entitled to be
selected for the post of Lecturer in Urdu subject in terms of
the Advertisement No. 06/2016 issued by the Commission.
17. Consequently, the respondent-Commission is
directed to recommend the name of the petitioner for
appointment as Lecturer in Urdu subject in terms of the
Advertisement No. 06/2016 forthwith, upon receipt of which
recommendation, the respondent-State shall appoint the
petitioner as Lecturer in Urdu subject in Government Teachers
Training College.
18. The writ petition is disposed off with the above
direction.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.09.2025
Transmission Date NA
