Dr. Subuhi Aslam v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4840 of 2017 ====================================================== Dr. Subuhi Aslam, Wife of Dr. Abu Bakar, resident of Haroon Nagar, SectorI, P. S. Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

2. The Director, Higher Education, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman For the Respondent/s :

Mr. Narendra Kumar, AC to GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-12-2017 It is the case of the petitioner that she had cleared Bihar Eligibility Test, held by the erstwhile Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission') on 16.06.1996, with Urdu as subject, having her Roll No. 0637. She was declared successful by the Commission and was accordingly declared to have qualified for Lectureship by the Commission. The result published by the Commission has been brought on record by way of Annexure-2 to this writ application.

It is the grievance of the petitioner that though she had cleared the Bihar Eligibility Test and is, thus, qualified for Lectureship, the desired certificate, which ought to have been

Patna High Court CWJC No.4840 of 2017(2) dt.12-12-2017 2/3 issued by the Commission, has not been issued. She is an aspirant for the post of Lecturer on the basis of recent advertisement issued by the Bihar Public Service Commission, for which she requires the said certificate, which is not being issued.

This writ application has been filed 21 years after the petitioner claimed to have passed the said Bihar Eligibility Test. In that background, no positive direction can be given to the respondents to issue the certificate.

However, I dispose of the writ application with an observation that if the petitioner approaches the successor body of the erstwhile Bihar State University (Constituent Colleges) Service Commission, be it the State Government or the Bihar Public Service Commission, the said body shall be required to consider the petitioner's case and upon verification of records, if it is found that she had cleared the Bihar Eligibility Test, the desired certificate shall be issued in favour of the petitioner. If the petitioner approaches the competent body in terms of the present order by filing a representation along with a copy of this order within a period of one week from today, the concerned authority shall be obliged to do the needful within a period of four weeks thereafter.

Patna High Court CWJC No.4840 of 2017(2) dt.12-12-2017 3/3 This application stands disposed of.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √