Ramesh Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23493 of 2019 ====================================================== Ramesh Kumar, aged about 45 years, Male, Son of Shambu Sharan Bhagat, Resident of Bhagat Lane Mela Road, Mahadeopur, Ward No. 20, Sitamarhi, P.S. and District Sitamarhi, PIN No. - 843302. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human and Resource Department, New Secretariat, Patna, Bihar.

2.

The Secretary, Bihar School Examination Board, Patna. 3.

The Examination Controller, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate Mr. Subodh Kumar, Advocate For the State :

Mr. Prabhat Ranjan Singh, A.C. to A.A.G.15 For the Board :

Mr. Amrendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2019 Heard both sides.

The petitioner sought following reliefs by filing this writ petition:

(i) For issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to declare the petitioner successful in the examination of Bihar Elementary Teacher (Trained) Eligibility Test, 2017 conducted by the Bihar School Examination Board wherein the petitioner has been declared disqualified.

(ii) For further direction to the respondent authorities to treat the petitioner achieved 55% of the marks of the total

Patna High Court CWJC No.23493 of 2019(2) dt.28-11-2019 2/2 aggregate as the petitioner has obtained as 54.17% of marks. (iii) For further direction to the respondent authorities to dispose of the representation of the petitioner by reasoned and speaking order within time framed.

(iv) And for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law. Learned counsel for the petitioner submits that the petitioner appeared in the Bihar Elementary Teacher (Trained) Eligibility Test held in the year 2017 and got 54.17% marks but the petitioner was declared unqualified because the petitioner did not get 55% marks which is the cut off marks for qualifying the said test. The petitioner has got no right to get grace marks for qualifying in Bihar Elementary Teacher (Trained) Eligibility Test Examination.

Having considered the facts, I do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U