Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23095 of 2012 ====================================================== Ajay Kumar S/O Sri Chandra Shekhar Singh R/O Village And P.O.- Bhatauna, P.S.- Karja, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Primary Education, Education Department, Government Of Bihar, Patna.

4. The Director, State Education and Research Training Council, Bihar, Patna.

5. The National Council for Teacher Education, Bihar, Patna through its Member Secretary.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Singh, Advocate. For the Respondents : Mr. A.N.Sinha, G.P. XI. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The following reliefs have been sought for by the petitioner in the present writ application.

" 1(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the respondent authorities to appoint only trained candidates against the sanctioned and vacant post of Secondary Teachers since National Council of Teachers Education Rules provide for appointment of only trained candidates and there is no provision for appointment of untrained candidates as a teachers.

Patna High Court CWJC No.23095 of 2012 (4) dt.18-09-2017 2/2 (II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the respondent authorities to grant relaxation of age for the trained candidates because due to frequent change of the policy decision of the State Government as well as nonappointment of the Teachers in the Secondary School for couple of years, most of the trained candidates crossed their age limit for appointment on the post of Teachers though they are eligible for such post in all aspects."

Considering the reliefs sought for by the petitioner, the petitioner is directed to file a representation before the respondent no. 3, the Director, Primary Education, Education Department, Bihar, Patna. The respondent no. 3 shall consider the representation of the petitioner and pass a reasoned order in accordance with law as expeditiously as possible. With the aforesaid observations and direction, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U