Deepak Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.497 of 2022 In Civil Writ Jurisdiction Case No.8449 of 2022 ====================================================== Deepak Kumar Sinha Son of Gopal Prasad, Resident of Village- Machhindra, Police Station- Jhajha, District- Jamui (Bihar). ... ... Appellant/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, Government of Bihar, Patna. 4.

The District Education Officer, Jamui.

5.

The District Programme Officer (Establishment), Jamui. 6.

The Block Education Officer, Jhajha, Police Station- Jhajha, District- Jamui. 7.

The Panchayat Secretary, Gram Panchayat, Raj Barajor, Police StationJhajha, District- Jamui. 8.

The Mukhiya, Gram Panchayat Raj Barajor, Police Station- Jhajha, DistrictJamui. 9.

Md. Irfan Ansari, Resident of Village- Barajor, Police Station- Jhajha, District- Jamui.

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

For the Appellant/s :

Mr. Rikesh Sinha, Advocate Mr. Vaibhav Vishal, Advocate For the Respondent/s :

Smt. Shilpa Singh, GA-12 Mr. Prashant Ranjan Singh, Adv.

====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 16-09-2025 Appellant has assailed the order of the learned Single Judge dated 26.08.2022 passed in CWJC No.8449 of 2022.

2. Core issue involved in the present lis is among the appellant and 9th respondent who is more merited for the selection

Patna High Court L.P.A No.497 of 2022 dt.16-09-2025 2/3 and appointment to the post of teacher. The appellant has suffered an order before the learned Single Judge in CWJC No.8449 of 2022 on 26.08.2022. The question for consideration is whether 20 marks is required to be added or 2.2% is required to be added towards weightage for experience gain in terms of Rule-7 of 'बबहहर नगर ननकाय पहरबभकबशकक( बनययजनएवरसवहशर) बनयमहवलल,2006. It is necessary to reproduce the aforementioned rule and it reads as under.

"7.

उकतननयमावली, 2006 केननयम9 काउपननयम(iv) के खणड(क) कासंशोधन। ननयम9 केउपननयम(iv) केखणड(क) केअनतमेननमननलनखत कोजोडाजायेगा:- परनतुननयम4 के उपननयम(2) मेउललेनखतअभयनरयोके मामलेमे1 वरयाअनधकनशकणअनुभवकेनलए20 अंकउनके मेधाअंकमेजोडेजायेगे।"

3. Appellate authority as well as learned Single Judge have failed to appreciate tenor of the aforementioned rule to the extent that it does not speak of any percentage of weightage is required to be extended, on the other hand it restrict weightage of 20 marks is required to be added. If 20 marks is added to the appellant Deepak Kumar Sinha, in that event, appellant Deepak Kumar Sinha is more merited than 9th respondent Md. Irfan Ansari who had secured 58.22%. It is to be noted that Md. Irfan Ansari is not entitled to benefit of 20 marks as is evident from the selection records. Therefore, both Appellate Authority and learned Single

Patna High Court L.P.A No.497 of 2022 dt.16-09-2025 3/3 Judge have committed error to the extent that 2.2% is required to be added to the appellant's marks i.e. 53.88% plus 2.2.% would be 56.08%. If 20 marks is added, it would be 73.88% and it is more than the 9th respondent Md. Irfan Ansari percentage-58.22%.

4. Taking note of these facts and circumstances, appellant has made out a case so as to interfere with the order of the learned Single Judge dated 26.08.2022 passed in CWJC No.8449 of 2022 and it is set aside. Writ petition allowed. Concerned authority is hereby directed to appoint Deepak Kumar Sinha- appellant, if he is otherwise eligible to the post of Panchayat Teacher. The above exercise shall be completed within a period of three months from the date of receipt of this order. With the above observation LPA stands disposed of. (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) Prakash Narayan AFR/NAFR NAFR CAV DATE NA Uploading Date 23.09.2025 Transmission Date NA