Vicky Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3428 of 2024 ====================================================== Vicky Kumari D/o Hari Nandan Singh, Wife of Arbind Kumar, Resident of village-Vishunpur Bandi, P.S.-Bhagwanpur, District-Vaishali ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Department of Education,Government of Bihar, Patna. 3.

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

The Bihar Public Service Commission through the Chairman, Patna. 5.

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

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

The Controller of Examination, Bihar Public Service Commission. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vipin Kumar, Adv.

For the State :

Mr. Md. Harun Quareshi, AC to S.C.-1 For the B.P.S.C.

:

Mrs. Parul Prasad, Adv.

Mr. Aditya Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Public Service Commission.

2. By filing the present writ application, the petitioner has prayed for the following reliefs:

(i) For direction upon the respondent BPSC to consider and recommend the name of the petitioner for being appointed as Teacher as the petitioner has secured cut-off mark (50) under BC(F) category.

(ii) To direct the respondent State to issue appointment letter to the petitioner in the

Patna High Court CWJC No.3428 of 2024(6) dt.04-02-2025 2/3 light of recommendation made by BPSC in the light of recommendation made by BPSC for the post of Teacher (Class 1 to 5) with all consequential monetary benefit.

(iii) To hold the action of the respondent Authority to be arbitrary, unreasonable and violative of Articles 14 & 16 of the Constitution of India as the petitioner fulfills the eligibility like other similarly situated, but she has been deprived of selection and appointment to the post of Teacher (Class 1 to 5).

(iv) For any other relief(s) to which the petitioner is found entitled under the facts and circumstances of the case.

3. Considering the prayers made on behalf of the petitioner, I deem it proper to direct the petitioner to file a detailed representation before the Secretary, Bihar Public Service Commission, Patna (respondent no.6) along with the supporting documents within a period of four weeks from today and the respondent no.6 is directed to consider the representation of the petitioner and pass a reasoned and speaking order in accordance with law within one month from the date of receipt of representation after affording an opportunity of hearing to the petitioner or through her counsel.

4. Needless to state that the Secretary, Bihar Public Service Commission, Patna (respondent no.6) shall be solely responsible for non-compliance of this order within the

Patna High Court CWJC No.3428 of 2024(6) dt.04-02-2025 3/3 stipulated period.

5. With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U