Sayeed Ahemad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12492 of 2024 ====================================================== 1.

Sayeed Ahemad Son of Jamil Ahmad, Resident of Village- Shekhpur, Manjha, P.O.- Rampur, P.S.- Rampur Manjha, District- Ghazipur, Uttar Pradesh, Roll No. 186787.

2.

Abhishek Singh, Son of Akhilesh Singh, Resident of Village- Radoolpur, Suzni Pur, P.S.- Shadiayabad, District- Ghazipur, Uttar Pradesh, Roll No.- 121576.

3.

Swati Pandey, Daughter of Dinesh Kumar Pandey, Resident of Mohalla- 55, Ward No 10, Station Road, Rampur Parei, Bikapur, P.S. Kotwali Bikapur, District- Faizabad, Roll No- 589929.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

4.

The Secretary, Education Department, Government of Bihar, Patna. 5.

The Director, Secondary Education, Government of Bihar, Patna. 6.

The Bihar Public Service Commission, through its Chairman, 15, Jawaharlal Nehru Marg, Bailey Road, Patna.

7.

The Chairman, Bihar Public Service Commission, Bihar, Patna. 8.

The Secretary, Bihar Public Service Commission, Bihar, Patna. 9.

The Joint Secretary-cum- Examination Controller, Bihar Public Service Commission, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan For the Respondent/State :

Mr. Kumar Kamal Nayan, Advocate , AC to SC 28 For the B.P.S.C.

:

Mr. Zaki Haider, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-08-2024

1. Learned counsel for the petitioners submits that identical issue has been decided by a Co-ordinate Bench of this Court vide order dated 18.07.2024 passed in C.W.J.C. No. 1151 of 2024 (Dhirendra Kumar & Ors. versus The State of Bihar & Ors.). The Co-ordinate Bench in paragraph no. 56 of the

Patna High Court CWJC No.12492 of 2024(2) dt.22-08-2024 2/2 aforesaid judgment has issued the following directions:- "(i) The respondent nos. 1, 2, 3 and 4 are directed to identify the number of vacancies that have arisen due to non- appointment of the candidates recommended by the B.P.S.C. as primary teacher for class I-V pursuant to the Advertisement No. 26/2023 for want of requisite qualifications and convey it to the respondent nos. 5, 6 and 7.

(ii) The respondent nos. 5, 6 and 7, on receipt of the above information, shall publish a supplementary result in order of merit from the selection held pursuant to Advertisement No. 26 of 2023, subject to the candidate(s) having secured the cut off marks and meets the cut off date of birth prescribed by the B.P.S.C."

2. Learned counsel for the Bihar Public Service Commission submits that liberty may be given to the respondents to examine as to whether the case of the petitioners is covered by the aforesaid judgment or not.

3. Liberty is granted.

4. However, the present writ application is disposed exactly in terms of the order dated 18.07.2024 passed in C.W.J.C. No. 1151 of 2024.

praful/- (Anil Kumar Sinha, J) U