Shio Jee Chaurasiya v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6382 of 2020 ====================================================== Shio Jee Chaurasiya Son of Shree Shyam Narayan Chaurasiya, Resident of Village and Post Office-Pandey Patti Buxar, P.S. Muffasil (Buxar) Chausa, District, Buxar.

... ... Petitioner/s

Versus

1.

The Union of India through the Cabinate Secretary, Ministry of the Human resource Development Government of India New Delhi. 2.

The State of Bihar through the Chief Secretary Government of Bihar Sachiwalya Patna.

3.

The Principal Secretary Primary Education Department Government of BIhar Sachiwalya Patna.

4.

The Director, Primary Education, Sachiwalya Patna. 5.

The Chairman Bihar School Examination Board Patna. 6.

The Secretary Bihar School Examination Board Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 26-06-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

This writ petition in nature of PIL has been filed for quashing Clause-5(i)kha and 2(ii)kha of Bihar Panchayat/Nagar Primary School Teachers (Appointment and Service Condition) Rules-2012 as well as direction to respondent authorities not to consider persons eligible who have passed Central Teachers

Patna High Court CWJC No.6382 of 2020 dt.26-06-2020 2/2 Eligibility Test (CTET) for appointment as teacher in Government Primary Schools within the State of Bihar and to consider candidature of applicants who have passed Bihar Teachers Eligibility Test (BTET) as eligible for the post of teacher in Government Primary Schools.

The issue raised pertains to eligibility for appointment in State Government Primary Schools and same cannot be agitated in public interest litigation being a service matter. Accordingly, the writ petition is dismissed.

However, dismissal of PIL will not preclude any aggrieved party/person to approach this Court in personal or representative capacity.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA