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Patna High CourtCWJC/19164/2021disposed

Shio Jee Chaurasiya v. The State Of Bihar

2022-04-15The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19164 of 2021 ====================================================== Shio Jee Chaurasiya Son of Shree Shyam Narayan Chaurasiya Residence of Mohalla- Pandey Patti, Post Office- Pandey Patti Buxar, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Sachiwalya Patna.

2.

The Principal Secretary, Education Department, Bihar, Sachiwalya, Patna. 3.

The Deputy Principal Secretary, Education Department, Bihar, Sachiwalya, Patna.

4.

The Vice-Secretary, Education Department, Bihar, Sachiwalya- Patna. 5.

The Director, Higher Education Department, Bihar Sachiwalya, Patna. 6.

The Chairman, Bihar School Examination Board, Patna. 7.

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

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Respondent/s :

Ms. Shilpi Singh ( G.A.12 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 15-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "a. For that the direction to respondent no. 7 to cancel controversial order dated 26.06.2021 has been adding after published declare result STET-2019 by conditional process as conditional advertisement on 06.09.2019 in favour of all candidates.

b. For that the direction to respondents no-7 has conform to declare result-2019 published on 12.03.2021

Patna High Court CWJC No.19164 of 2021 dt.15-04-2022 2/3 & 21.06.2021 according to condition of published advertisement on 06.09.2019 as according to the constitution of India.

c. For that the direction to respondents has ready to condition of advertisement on 06.09.2019 in favour of legal process not ready to arbitrarily mode from vote policy. Vote policy is wrong policy according to law or natural justice.

d. For that the direction to respondents for cancel to arbitrarily order on 26.06.2021 which has been harassing to mind, time & money of down trodden societies. e. For that the direction to make respondent payment for harassing of all candidates according to law. f. For that the other or others reliefs may kind be granted in favour of the petitioner & candidates has been harassing candidates as fit to be deem fit & proper the facts and circumstances of this case."

A counter affidavit has been filed on behalf of State of Bihar in which, it has been stated that as far as discrepancies pertaining to qualified/unqualified in the result of STET, 2019 is concerned, it is stated that same was an error committed by the Board and in order to resolve the said issues, a Committee was constituted by the Education Department, Government of Bihar, headed by the Secretary, Education Department and as per recommendation of the committee, it was decided to permit all 2019 STET qualified candidates to participate in the recruitment process.

It has been further stated in counter affidavit that as per recommendation made by National Council of Teacher

Patna High Court CWJC No.19164 of 2021 dt.15-04-2022 3/3 Education (NCTE), the validity of Teachers Eligibility Test (TET) meant for class I to VIII has been extended till life by order dated 26.06.2021, contained in Memo no.414, issued by the Education Department, Government of Bihar. In said view of the matter, no purpose will be served in continuing the present proceeding and, accordingly, the writ petition is disposed of.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA