Nawin Kumar Thakur @ Nawin Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16978 of 2023 ====================================================== 1.
Nawin Kumar Thakur @ Nawin Thakur son of Lal Bahadur Thakur, Resident of Village-Patar, P.O.-Taraiya, P.S.-Saharghat, District-Madhubani. 2.
Shashi Kumar Singh, son of Late Dharm Deo Singh, Resident of VillageNautan, P.S.-Gautam Budg Nagar, District-Siwan. 3.
Kamta Prasad, son of Kashinath Prasad, resident of Village-Baluan, P.O.- Daulatpur, Balua, P.S.-Arrah Muffassil, District-Bhojpur. 4.
Baidyanath Prasad Singh, son of Shivjee Singh, Resident of Village-Mahnar, Ward no. -7, P.S.-Mahnar, District-Vaishali.
... ... Petitioners
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 Secretary, Bihar Public Service Commission, Bihar, Patna. 8.
The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, Bihar, Patna.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagjit Roshan, Advocate For the Respondent/s :
Md. Raisul Haque ( Sc 10 ) For the BPSC :
Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, 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
Patna High Court CWJC No.16978 of 2023 dt.16-07-2024 2/3 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 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.
Patna High Court CWJC No.16978 of 2023 dt.16-07-2024 3/3
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