Mukesh Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9875 of 2015 ====================================================== Mukesh Prasad Yadav s/o Mithilesh Prasad Yadav, r/o Barhara, P.S. Gogri, Distt. Kgagaria, ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Education, Govt. of Bihar, Patna 2.

Principal Secretary, Department of Education, Govt. of Bihar at Patna, 3.

Director, Primary Education, Govt. Of Bihar, Patna. 4.

Chairman, Bihar Staff Selection Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Choudhary For the Respondent/s :

Mr. Manoj Kumar, GP24 For the SSC :

Mr. Satyam Shivam Sundaram, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2022 The writ application of the petitioner bearing CWJC No. 14260 / 2012 was disposed earlier by acknowledging that the name of the petitioner does not figure within the list of 34,540 persons approved by the Hon'ble Supreme Court for appointment of trained teachers. The Supreme Court has clarified that no grievance with regard to non inclusion in the list can be entertained by any court of law. However, on the basis of submission made by the petitioner in earlier proceeding that the respondents have wrongly recorded the session during which he completed his B.T. Training as 1988-90 instead of

Patna High Court CWJC No.9875 of 2015(2) dt.13-12-2022 2/3 1986-88, the petitioner has filed objection for necessary correction in terms of the order of the Supreme Court for consideration of his case in future vacancies. This Court observed that any consideration of the objections shall have to remain subject to the petitioner otherwise fulfilling the eligibility criteria that may be prescribed for such future vacancy.

The present writ application has been filed by the petitioner for directing the respondents to appoint him on the post of teacher in the light of the order passed in CWJC No. 14260 of 2012 dated 30.08.2012 for remaining post of 2413. On the other hand, learned counsel for the State as well as Bihar Staff Selection Commission submits that selection of 32,127 trained teachers have already been done from the list of candidates approved by Supreme Court and for the remaining 2213 posts, vacancy was published pursuant to the order passed in CWJC No. 17899 of 2012 ( Kanti Kumari & Ors. Vs. State of Bihar & Ors.) and L.P.A. No. 1491 of 2014. Admittedly, the petitioner did not apply pursuant to the open advertisement for appointment on 2213 posts, rather the petitioner is insisting for inclusion of his name in the list approved by the Supreme Court, which is not possible.

Patna High Court CWJC No.9875 of 2015(2) dt.13-12-2022 3/3 In view of the fact that petitioner did not apply pursuant to the future vacancy published by respondents, I come to the conclusion that the petitioner is not entitled for any relief. Accordingly, this writ application is dismissed. (Anil Kumar Sinha, J) praful/- U