Taqdees Fatima v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4407 of 2025 ====================================================== Taqdees Fatima D/o - Abrar Ahmad, R/o- At and P.O. - Magalsi, P.S. - Raunahi, District- Ayodhaya (Roll. 647618).

... ... Petitioner/s

Versus

1.

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

2.

The Chairman, Bihar Public Service Commission, Bihar, Patna. 3.

The Examination Controller (TRE-3), Bihar Public Service Commission, Patna.

4.

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

The Addl. Secretary, Education Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sita Ram Prasad, Advocate For the Respondent/s :

Mr. Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner, learned counsel appearing for Bihar Public Service Commission and learned counsel for respondents-State.

2. With the consent of the parties, the present writ application is being disposed of at this stage itself.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:

"(i). Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Education Department Bihar, Patna as well as the authorities under the Bihar Public Service Commission, Patna (hereinafter referred to as the Commission) to take steps towards considering the cases

2/4 of the present petitioner who has obtained more than final cut off marks in the examination conducted by the concerned authorities under the commission pursuant to advertisement no. 22/2024 for appointment against the posts in class 6 to8 school teachers in Urdu subject under unreserved female category vacancies along with all entitlements;

(ii). Issuance of a declaration holding that the concerned authorities under the Commission and also the State Government are legally obligated to appoint the petitioner and recommended names of petitioner who has been declared to be qualified in the examination conducted pursuant advertisement No. 22/2024 by the Commission for consideration of cases for appointment against the posts of Middle school teacher (6t08) in the State of Bihar against the vacancies advertised by the said advertisement no.22/2024.

(iii). To quash the Note Para of paragraph no.4 in advertisement no.22/24 by which the commission have taken final decision that after published the provisional merit list/result, no supplementary result shall be published in future, further order to issue appointment letter in favor of petitioner because, petitioner has obtained 73 marks against the final cut off marks 63 in unreserved female category in Urdu subject in class 6to 8 Middle school teacher post.

For any other relief(s) for which petitioners are entitle on the basis of facts and circumstances of this case."

4. After advancing some argument, learned counsel for the petitioner submits that for claiming the aforesaid relief the petitioner is prepared to file a fresh representation before the

3/4 Examination Controller (TRE-3) Bihar, Public Service Commission, Patna (respondent no.3) and prays that an appropriate direction be issued to the respondent no.3 to dispose of the representation which would be filed by the petitioner, within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for B.P.S.C. and learned counsel for respondents-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation before the Examination Controller (TRE-3), Bihar Public Service Commission, Patna (respondent no.3) within two weeks from the date of passing of this order. If such a representation is filed within the time stipulated, the Examination Controller (TRE-3), Bihar Public Service Commission, Patna (respondent no.3) is directed to dispose of the same within three months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner.

4/4

7. Needless to emphasize that the final order which shall be passed by the Examination Controller (TRE-3), Bihar Public Service Commission, Patna (respondent no.3) should be a reasoned and speaking order.

8. Learned counsel for the submits that the description of respondent no.3 has to be corrected as there is a typing mistake.

9. As prayed for, learned counsel for the petitioner is directed to correct the description of respondent no.3, during the course of the day.

10. With the aforesaid observation and direction and liberty as granted, the writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of. (Alok Kumar Sinha, J) Prakash Narayan U