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Patna High CourtCWJC/6346/2017disposed

Niraj Kumar And ORS v. The State Of Bihar And ORS

2018-05-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6346 of 2017 ======================================================

1. Niraj Kumar, Son of Gajendra Prasad Yadav, Resident of Village and Post Office- Rahta, Police Station- Kumarkhand, DistrictMadhepura.

2. Suman Kumar, Son of Subhash Chandra Yadav, Resident of Professor Colony, Ward No.5, Police Station and DistrictMadhepura.

3. Rajesh Kumar, son of Dip Narayan Prasad Yadav, resident of Mohalla- Jay Prakash Nagar, Ward No.6, Police Station and District- Madhepura.

4. Chander Ram, son of Newat Ram, resident of Village and Post Office- Turkahi, Police Station and District- Madhepura.

5. Binod Kumar, son of Raj Kishore Kamti, resident of Village and Post Office- Sukhasan, Police Station- Singheshwar, DistrictMadhepura.

6. Santosh Poddar, son of Banarasi Poddar, resident of Village and Post Office- Bhaun, Ward No.5, Via- Mathahi Bazar, Police Station and District- Madhepura.

7. Nitish Kumar, son of Priyavrat Paswan, resident of Village and Post Office- Khajuri, Police Station- Sour Bazar, DistrictSaharsa.

8. Kaushal Kumar Kaushal, son of Jai Narayan Yadav, resident of Vilage- Bhan, Police Station- Madhepura, District- Madhepura.

9. Sheo Shankar Kumar, son of Bishundeo Mandal, resident of Bairbanna, Police Station- Singheshwar, District- Madhepura. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Education Department, Bihar, Patna.

2. The Director, Primary Education, Education Department, Government of Bihar, Patna.

3. Bihar School Examination Board through its Chairman, Patna.

4. The Secretary, Bihar School Examination Board, Patna.

5. The Examination Controller, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Respondent/s :

Mr. S.C. Mishra-Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-05-2018 In view of the stand taken by the respondents in the counter affidavit particularly in paragraph-10, no indulgence is

Patna High Court CWJC No.6346 of 2017(3) dt.14-05-2018 2/2 required. Paragraph 10 of the counter affidavit is quoted below:- "10. That in this regard it needs to be clarified and submitted that a letter bearing letter no. 401 dated 15.4.2017 issued under signature of the Director, Primary Education, Govt. of Bihar has been sent to the Board with respect to relaxation in the age criterion and educational qualification of a candidate as well it was acting upon the said direction issued in this regard by the State Government that the Board had immediately issued a corrigendum in this regard vide Memo No. K/167 dated 15.04.2017 incorporating the instructions given in this regard and amending some of criterion laid down in this regard for the purpose of the 2nd TET i.e. Bihar Primary Teacher (Trained) Eligibility Test of 2017 as notified earlier Communique No. 42/2017."

In view of the above, the writ petition is disposed of in terms of the statements made in paragraph-10 of the counter affidavit.

(Anil Kumar Upadhyay, J) spandey/- U