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Patna High CourtCWJC/4686/2025disposed

Smt. Saraswati Kumari v. The State Of Bihar

2025-03-24Mr. Justice Purnendu Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4686 of 2025 ====================================================== Smt. Saraswati Kumari D/o- Sri Sheoperson Ram Resident of VillageGarura, P.O.- Belwa, P.S.- Agrer, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Deptt. of Education, Govt. of Bihar, Patna.

2.

Director, Education Department, Government of Bihar, Patna. 3.

District Education Officer, Arwal.

4.

Bihar Public Service Commission, Patna through its Secretary. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Harun Quareshi, AC to SC 1 For the BPSC :

Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-03-2025 Heard Mr. Pranab Kumar, learned counsel appearing on behalf of the petitioner; Mr. Harun Quareshi, learned AC to SC 1 for the State and Mr. Sanjay Pandey, along with Mr. Nishant Kumar Jha, learned counsels appearing on behalf of the Bihar Public Service Commission.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia the following relief(s), which is reproduced hereinafter:- "(a) To set aside the impunged order, dated: 3001-2025, (Annexure-1) and direct/order respondents to his posting at a proper school. The true copy of impugned order dated: 30/01/25 is annexed and marked as Annexure-P/1 to the application.

(b) Other relief(s) the petitioner may found entitled at the time of hearing."

2/4

3. Learned counsel appearing on behalf of the petitioner submitted that pursuant to the Advertisement dated 07.02.2024 for appointment of teachers in various categories, the petitioner applied and thereafter admit card dated 21.07.2024 was issued to her and the same has been brought on record by way of Annexure-5, which gives information relating to the teacher for Subject Language, General Studies and Hindi. She appeared in the said examination and was declared successful by the Commission and thereafter, she was called for counseling on 30.01.2025. At the time of her subject verification, it was found that she was a graduate in Psychology and she don't possess the requisite degree for the subject Hindi, for which she had applied. An online application, duly filed by her, has been brought on record by way of Annexure - 4.

The petitioner has passed STET Paper-II and further in respect of information uploaded in Column- 8 of the said application, from which it appears that she has graduated in Hindi language in the year 2013 from Rohtas Mahila College, Sasaram, Veer Kunwar Singh University, Ara, in which she had obtained 62.50% marks and she had also obtained B.Ed.

3/4 76.50% marks. The petitioner is aggrieved by the order dated 30.01.2025 (Annexure-1), by which her graduation qualification was doubted and reason has been assigned that the candidate was selected for Hindi language but she had completed her graduation in Psychology, where Hindi subject was studied only as a composition subject and not as a subsidiary subject.

4. Considering the submissions made on behalf of the petitioner, as well as, the fact that the petitioner has not brought on record any degree in respect of her having obtained bachelor's degree in Hindi language, nor any objection on record of incorrect information and any verification from the concerned University, I find that the information contained in order dated 30.01.2025 (Annexure-1), rejecting the candidature of the petitioner, cannot be sustained at this stage and accordingly, the same is set-aside and quashed.

5. At this stage, learned counsel appearing on behalf of the State informs that the petitioner has an alternative remedy before the Director, Secondary Education, Government of Bihar.

6. Considering the aforesaid information given by the learned counsel appearing on behalf of the State, as I have already set-aside and quashed the information as contained in Annexure-1 to the writ petition, the petitioner, if so advised,

4/4 may file a fresh representation before the Director, Secondary Education, Government of Bihar for redressal of her grievance(s).

7. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U