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Patna High CourtCWJC/13281/2024disposed

Ruchi Singh v. The State Of Bihar

2024-09-05Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13281 of 2024 1.

Ruchi Singh Daughter of Anil Singh Resident of Village- Bansdih, P.S. Bansdih Ballia District- Ballia Uttar Pradesh, Roll No.-370140. 2.

Aradhna Daughter of Ram Lautan Resident of Village- Samodhpur, Jaunpur, P.S.-Sarpatana, District-Jaunpur, Uttar Pradesh, Roll NO.-781930. 3.

Chandani Singh @ K.M. Chandani Singh Daughter of Sitaram Singh , Wife of Amit Singh Resident of House No.-92, Khajuhan, Kasimabad, Gangoli, P.S.-Gangoli, District-Ghazipur, Uttar Pradesh, Roll No.,-542197. 4.

Shivam Sahu Son of Chandraketu Prasad Resident of Village-Navapura, P.S.-Doharighat, District-Mau, Uttar Pradesh Roll No.-120575. 5.

Sunil Kumar Singh Son of Deep Narayan Patel Resident of Village-Bhanpur, P.O.-Garathama, P.S.-Garathama, District-Varanasi, Uttar Pradesh, Roll NO.-141499.

6.

Lalit Kumar Sharma @ Lalit Sharma Son of Dev Narayan Sharma Resident of Village-Piprauli Bara Gaon, P.O.-Piprauli, P.S.- Piprauli, District-Ballia, Uttar Pradesh,. Roll No.-46020 7.

Abhinandan Kumar Son of Baijnath Khirhar Resident of Vilage-Salaiya, P.O.-Shyam Bazar, P.S.-Bounsi, District-Banka, Roll No.-305362. 8.

Mukesh Paswan Son of Mahendra Paswan Resident of Village-Nayagaon, P.O. Chhapra Megh, P.S.-Mushari, District-Muzaffarpur, Roll No.-1411256. ... ... 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. The Joint Secretary-Cum-Examination Controller, Bihar Public Service Commission, BIhar, Patna.

with Civil Writ Jurisdiction Case No. 13314 of 2024 1.

Sumit Kumar Mishra Son of Sudhie Chandra Mishra @ Sudhir Chandra Mishra, resident of Village-Hanuman Nagar, Ward No. 20, P.O. and P.S.-

2/4 Madhubani, District-Madhubani, Roll No. -239483. 2.

Mukesh Kumar, son of Tetar Sardar, resident of Village-Sanpatha, Ward No. 6, P.O.-Banainia, P.S.-Bhaptiyahi, District-Supaul, Roll No. -254729. 3.

Rupesh Kumar Sah, Son of Gaurishankar Ram, resident of Village-Jaynagar, P.O.-Korahia Navtoli, P.S.-Jaynagar, District-Madhubani, Roll No. -222975. 4.

Nilesh Kumar, Son of Suman KUmar Prasun, resident of VillageMaheshlitti, P.O.-Charabargaon, P.S.-Sajour, District-Bhagalpur, Roll No. -306805.

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

with Civil Writ Jurisdiction Case No. 13369 of 2024 Rajiv Kumar Son of Srinarayan Singh Resident of Village- Bichhiaon P.O. Bichhiaon P.S.- Sandesh District- Bhojpur, Roll No.-468979 ... ... 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.

3/4 The Joint Secretary-Cum-Examination Controller, Bihar Public Service Commission, Bihar, Patna.

Appearance :

(In Civil Writ Jurisdiction Case No. 13281 of 2024) For the Petitioner/s :

Mr. Shivnandan Bharti Mr.Pintu Kumar Patel Mr. Gaurav Kumar Verma For the Respondent/state:

Mr. Prabhu Narain Sharma, A.C. to A.G.

For the B.P.S.C.

:

Mr. Kamlesh Kumar (In Civil Writ Jurisdiction Case No. 13314 of 2024) For the Petitioner/s :

Mr. Shivnandan Bharti Mr.Pintu Kumar Patel Mr. Gaurav Kumar Verma For the Respondent/state:

Mr. Prabhu Narain Sharma, A.C. to A.G.

For the B.P.S.C.

:

Mr. Kamlesh Kumar (In Civil Writ Jurisdiction Case No. 13369 of 2024) For the Petitioner/s :

Mr. Shivnandan Bharti Mr.Pintu Kumar Patel Mr. Gaurav Kumar Verma For the Respondent/state:

Mr. Prabhu Narain Sharma, A.C. to A.G.

For the B.P.S.C.

:

Mr. Kamlesh Kumar CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2024

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 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

4/4 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 aforesaid writ applications are disposed exactly in terms of the order dated 18.07.2024 passed in C.W.J.C. No. 1151 of 2024.

(Anil Kumar Sinha, J) praful/- U