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Patna High CourtCWJC/4128/2024disposed

Lata Kumari v. The State Of Bihar

2024-07-16Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4128 of 2024 ====================================================== Lata Kumari wife of Rajesh Kumar, resident of Ward No. 4, Near S.D.O. Office, Manjhaul, P.S.-Cheria Bariyarpur, District-Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Edu. Dept., Government of Bihar, Patna.

2.

The Additional Chief Secretary, Edu. Dept., Government of Bihar, Patna. 3.

The Chairman, Bihar Public Service Commission, Nehru Path (Bailey Road), Patna.

4.

The Secretary, Bihar Public Service Commission, Nehru Path (Bailey Road), Patna.

5.

The Examination Controller, Bihar Public Service Commission, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Shashi Bhushan Singh, Advocate For the State :

None For the BPSC :

Mr. Lalit Kishore, Sr. Advocate Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 16-07-2024 Heard learned counsel for the petitioner and learned counsel for the respondent-Bihar Public Service Commission.

2. None appears for the State.

3. The petitioner is seeking a direction to allow her to participate in the advertisement No. 22/24 issued by the BPSC for the post of School Teacher pursuant to the Advertisement No. 22/24 by relaxing the upper age limit of the petitioner. The age relaxation of the petitioner is sought in terms of the Rule 5 of the

Patna High Court CWJC No.4128 of 2024 dt.16-07-2024 2/3 Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023.

4. It has been submitted that under the aforesaid rules the competent authority to relax the upper age limit is respondent No.2/ the Additional Chief Secretary, Education Department, Government of Bihar. The written examination of the advertisement No. 22/24 is stated to have been fixed on 19.07.2024.

5. Having considered the matter in it's entirety as discussed hereinabove, I deem it appropriate to dispose of this writ petition with a direction the petitioner to approach the competent authority for granting age relaxation, namely, the respondent No.2/ the Additional Chief Secretary, Education Department, Government of Bihar on 18.07.2024 by filing an appropriate representation in this regard. When such representation is filed by the petitioner on 18.07.2024, the respondent No. 2/ the Additional Chief Secretary, Education Department, Government of Bihar shall consider and dispose of the representation filed by the petitioner in accordance with Rule 5 of the Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 on that day itself.

Patna High Court CWJC No.4128 of 2024 dt.16-07-2024 3/3

6. The writ petition stands disposed of with the above direction.

(Nani Tagia, J) Nishant/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.07.2024 Transmission Date NA