Shesnath Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16772 of 2016 ====================================================== Shesnath Kumar Rai Son of Late Sarda Rai Resident of Village- Galimpur, P.S.- Gopalganj, Distt. Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Chief Secretary, Old Secretariat, Patna.

2. The Principal Secretary, Education Deptt. Govt. of Bihar Vikash Bhawan, Patna.

3. Director (Administration) Education Deptt. Govt. of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. Lalit Kishore- PAAG 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-07-2017 Challenging Rule 6(iv) and (v) of the Bihar Zila Parishad Madhyamik Evam Ucchtar Madhyamik Shikshak (Niyojan Evam Seva Sarte) Niyamavli, 2012 and contending that the procedure being followed for awarding 5 marks to those who have passed graduation with honours is ultra vires to the Constitution of India and discriminatory in nature, this writ petition has been filed.

Merely because 5 marks are being granted to those who have passed graduation with honours, we find no error or

Patna High Court CWJC No.16772 of 2016 (3) dt.10-07-2017 2/2 violation of any constitutional provision in the rule warranting consideration.

The writ petition is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U