Dayal Sharan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6330 of 2017 ====================================================== Dayal Sharan Son of Chandrika Prasad, resident of Village- Parsa Bazar, Near Panchayat Bhawan P.O. and P.S. Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

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

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

3. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

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

5. The District Magistrate, Patna.

6. The District Education Officer, Patna.

7. The District Programme Officer (Establishment) Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Smt.Shilpa Singh-Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non-consideration of his case despite acquiring eligibility of passing TET. The TET examination was held in the year 2011 and the same is valid for a period of seven years. The right of consideration on acquiring eligibility will frustrate if the respondents do not conduct any selection process. In view of the above, the petitioner is permitted to approach the respondent authority the District Education Officer, Patna who may consider the claim of the petitioner and

Patna High Court CWJC No.6330 of 2017(2) dt.03-04-2018 2/2 if it is found that the petitioner has acquired eligibility in 2011 and thereafter, no opportunity was given to the petitioner to participate in the selection process, the respondent has to see that at least one opportunity should be provided to the petitioner to participate in the selection process on acquiring eligibility in terms of 2012 rules, if there exist vacancies. (Anil Kumar Upadhyay, J) Ravi/- U