Tripurari Jha @ Tri Purari Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1421 of 2024 ====================================================== 1.

Rabish Kumar Son of Late Lagina Singh, Resident of Village - High School Farda, P.S. - Naya Ramnagar, District - Munger. 2.

Gulraiz Ahmad, Son of Mohammad Irfan, Resident of Village - 71, Basant Urf Bisunpur Umapath, Basant Urf Bisunpur Umapath, Basant, P.S. - Aurai, District - Muzaffarpur.

3.

Md. Irfan Ahmad, Son of Md. Sami Ahmad, Resident of Village - Ward No. 21, Salimpur, Barh, P.S. - Barth, District - Patna. 4.

Rupesh Kumar, Son of Gaya Prasad Singh, Resident of Village - Mahhdpur Harpur, M. Gopalpur, P.S. - Bikram, District - Patna. 5.

Amod Kumar Sharma, Son of Bhikhari Sharma, Resident of Village - Bedauli, P.O. - Bedauli, P.S. - Jandaha, District - Vaishali. 6.

Vishwajit Kumar Singh, Son of Ram Shankar Singh, Resident of Village - Ardi, P.O. - Dharhara, P.S. - Saray, District - Vaishali. 7.

Purnendu Kumari, Wife of Murari Kumar Ram, Resident of Village - Hansi, P.S. - Biraul, District - Darbhanga.

8.

Bipin Kumar Jha, Son of Brajeshwar Jha, Resident of Village - Yogiyara, P.S. - Jale, District - Darbhanga.

9.

Nusrat Jarain, Female of Mohammad Jamal, Resident of Village - Jail Chowk, Mehta Compound, Chandwara, P.S.- Nagar, District - Muzaffarpur. 10.

Chintu Kumar, Son of Ravindra Singh, Resident of Village- Daraveshapura, P.O. - Badi, P.S.- Katari Saray, District- Nalanda. 11.

Nishit Ranjan Mishra, Son of Lal Sagar Mishra, Resident of Village - Brahampur, P.O. - Bounsi, P.S. - Bounsi, District - Banka. ... ... 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, Department of Education, Govt. of Bihar, Patna.

4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The Bihar Public Service Commission, through its Chairman, 15, Jawaharlal Nehru Marg, Bailey Road, Patna.

6.

The Chairman, Bihar Public Service Commission, Bihar, Patna. 7.

The Secetary, Bihar Public Service Commission, Bihar, Patna. 8.

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

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

Patna High Court CWJC No.1421 of 2024 dt.16-07-2024 2/3 For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate For the Respondent/s :

Mr. Government Pleader 23 Mr. Sanjay Kumar, AC to GP-23 For the BPSC :

Mr. Rajni Kant Jha, Advocate Mrs. Prisu Snehil, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 16-07-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Public Service Commission.

2. This writ petition has been filed by the petitioners seeking a direction to the respondents to grant age relaxation as per the Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 and allow the petitioners to apply for the post of School Teacher under advertisement No. 27 of 2023. The selection process in terms of the advertisement No. 27 of 2023 is stated to have been concluded.

3. The petitioners now, by means of an interlocutory application bearing I.A. No. 01 of 2024, seeks a similar direction to the respondents to allow the petitioners to apply for the post of Primary Teacher under advertisement No. 22 of 2024. Advertisement No. 22 of 2024 is another set of new recruitment which has been initiated by the Bihar Public Service Commission

Patna High Court CWJC No.1421 of 2024 dt.16-07-2024 3/3 after the selection process of the advertisement No. 27 of 2023 has been concluded.

4. Under the circumstances, I am of the view that the relief sought for by the petitioners by means of the I.A. No. 01 of 2024 is entirely a new and different cause of action, for which the petitioners may approach by filing a new writ petition, if so advised.

5. For the reasons stated above, this writ petition is dismissed.

6. Accordingly, I.A. No. 01 of 2024 also stands dismissed.

(Nani Tagia, J) nishant/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.07.2024.

Transmission Date NA