Km Chandni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1299 of 2024 ====================================================== 1.

Km Chandni Daughter of Jhabbar, Resident of Village - Pipra Chandrapati, P.S. - Purani Basti, District - Basti, State - Uttar Pradesh. 2.

Preeti Yadav, Daughter of Ram Sajeevan, Resident of Village - Handiya, P.S. - Mittupur, District - Azamgarh, State - Uttar Pradesh. 3.

Gunja Kharavar, Daughter of Hridayanand Kharavar, Resident of Village Nishania Paikouli Bhingari Bazar, P.S.- Khampar, District - Deoria, StateUttar Pradesh. 4.

Saroj Chauhan, Daughter of Sahab Lal Chauhan, Resident of Village Fattanpur, P.S.- Nizamabad, District - Azamgarh, State - Uttar Pradesh. ... ... Petitioners.

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department Government of Bihar.

2.

Bihar Public Service Commission, through its Chairman. 3.

The Director, Primary Education, Government of Bihar. 4.

The District Magistrate, Arwal.

5.

The District Education Officer, Arwal.

6.

The District Programme Officer (Establishment), Arwal. ... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Suryakant Kumar, Advocate For the Respondent/s :

Mr. Government Pleader (26) For the B.P.S.C. : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 18-03-2024 Heard learned counsel for the parties.

2. Through this writ application, the petitioners seek following relief/reliefs:

(i) For directing the respondents to appoint the petitioners who are having more than the required 55% marks in CTET Paper-I which is the qualifying exam conducted by

Patna High Court CWJC No.1299 of 2024 dt.18-03-2024 2/3 Central Board of Secondary Education which has issued certificate declaring the petitioners qualified with more than 55% marks which is required for general female candidates for appointment on the post of teacher in the light of Advertisement No.26/2023 issued by Bihar Public Service Commission.

(ii) For directing the respondents to appoint the petitioners on the post of teachers in the light of fact that the petitioners are having all the other required qualifications and they have been declared successful by Bihar Public Service Commission in the School Teacher Recruitment Examination held in the light of Advertisement No.26/2023 issued by Bihar Public Service Commission.

(iii) For any other relief/s for which the petitioners are found to be entitled in the facts and circumstances of the case.

3. After some arguments, learned counsel for the petitioners fairly admits that the grievances of the petitioners may be redressed after remitting back the matter to the Director,

Patna High Court CWJC No.1299 of 2024 dt.18-03-2024 3/3 Primary Education, Government of Bihar (respondent no.3).

4. In view of the fair submission of learned counsel for the petitioners, I direct the petitioners to file a detailed representation before the Director, Primary Education, Government of Bihar (respondent no.3) along with the documents in support of their claim within a period of one month from today. The Director, Primary Education, Government of Bihar (respondent no.3) is directed to consider the case of the petitioner after affording ample opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within one month from the date of receipt of such representation.

5. It is made clear that the Director, Primary Education, Government of Bihar (respondent no.3) shall be solely liable for non-compliance of this order within the stipulated period.

6. With the aforesaid observation and direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.03.2024 Transmission Date NA