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Patna High CourtCWJC/19270/2013dismissed

Ajya Kumar Sinha And ORS v. The State Of Bihar And ORS

2018-11-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19270 of 2013 ======================================================

1. Ajya Kumar Sinha Son Of Sri Jagarnath Sinha Resident Of Viallage And P.S. Mehsi, District - East Champaran

2. Basant Kumar Son Of Late Shayamnandan Prasad Resident Of Village - Kaswa Mehsi, P.S. Mehsi, District - East Champaran

3. Vikash Kumar Son Of Shree Ram Chandar Sah Resident Of Village - Kaswa Mehsi, P.O. And P.S. Mehsi, District - East Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, H.R.D. Government Of Bihar, Patna

2. The Director, Secondary Education, H.R.D. Govt. Of Bihar, Patna Null Null

3. The National Council For Teacher Education Through The Member Secretary ( Wing - 2 ), Hans Bhawan, 1 - Bahadur Sah Jafar Marg, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Anisur Rahman, Advocate For the State :

Mr. Birju Prasad, GP-13 Mr.; Ashok Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 05-11-2018 This writ petition was filed by the petitioner for a direction to the respondents to grant one time relaxation on the line of relaxation made available to the Scheduled Caste, Scheduled Tribes and Extremely Backward Class.

In the matter of relaxation the respondent-authorities have taken decision in the light of the decision of the NCTE and the Court does not find any arbitrariness in the decision of the State Government. From the pleadings it appears that request was made by the respondents for relaxation in all categories but the NCTE has accepted only the proposal for grant of exemption of

Patna High Court CWJC No.19270 of 2013 dt.05-11-2018 2/2 one time measure for the category of SC, ST and EBC and no exemption was granted for the general category by the NCTE. In view of the above, the respondent-State has committed no error or illegality in issuing notification granting exemption to SC,ST and EBC categories. The Court does not find any merit in the present writ petition. It is, accordingly, dismissed. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 6.11.2018 Transmission Date