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Patna High CourtCWJC/1134/2017disposed

Dr. Pragya Kumari And ORS v. The State Of Bihar And ORS

2018-03-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1134 of 2017 ===========================================================

1. Dr. Pragya Kumari, wife of Shri Rajesh Kumar, resident of Kapil Vihar, Nandanpuri, Khajpura, P.O. - B.V. College, P.S. - Rajiv Nagar, District - Patna.

2. Dr. Sangita Sinha, wife of Shri Manoj Kumar Sinha, resident of 4H/68, Bahadurpur Housing Colony, Bhootnath Road, P.S. - Agamkuan, District - Patna.

3. Dr. Ramendra Kumar Singh, son of Late Shriram Singh, Village & P.O. - Lahang Dumaria, P.S. - Bihiya, District - Bhojpur.

4. Dr. Suman Kumar, son of Yadubir Jha, resident of Goshala Muhalla, Gumti No. - 13, P.S. - Rajnagar, District - Madhubani.

.... .... Petitioner/s

Versus

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

2. Bihar Public Service Commission, Patna through its Secretary.

3. Chairman, Bihar Public Service Commission, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava, Advocate For the Respondent/s : Mr. Umesh Narayan Dubey, AC to GP-27 For the B.P.S.C. : Mr. Satyabir Bharti, Advocate Mr. Alok Chandra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 14-03-2018 Heard learned counsel for the petitioners and the respondents.

The petitioners have filed the present writ application for a direction to the respondents to award five marks for obtaining Ph.D.

Referring to Schedule-V, Mr. Srivastava, learned counsel for the petitioners submits that the petitioners are BET, which is equivalent to NET, as it is UGC accredited eligibility test and in view of the aforesaid the petitioners are entitled to grant of five marks

Patna High Court CWJC No.1134 of 2017 dt.14-03-2018 2/2 on account of obtaining Ph.D. degree.

Mr. Bharti, learned counsel for the respondent Commission, submits that the issue raised in the present writ application is no more res integra, as the Co-ordinate Bench of this Court in C.W.J.C. No. 14164 of 2017 vide oral order dated 05.03.2018 has already decided the same issue. In view of the order dated 05.03.2018 passed in C.W.J.C. No.14164 of 2017, this writ application is also disposed of in similar terms.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date20.03.2018 Transmission Date