Premchandra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16751 of 2023 ====================================================== Premchandra Mehta Son of Late Mahabir Mehta Resident of VillageJainagar, Ward No.- 8, P.S.- Bhargama, District- Araria. ... ... 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 Secretary, Bihar Public Service Commission, Bihar, Patna. 8.

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

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Respondent/s :

Mr. S.K. Mandal, SC-3 Mr. Bipin Kumar, AC to SC-3 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 petitioner, learned counsel for the State and learned counsel for the Bihar Public Service Commission.

2. This writ petition has been filed by the petitioner seeking a direction to the respondents to grant age relaxation as per the Bihar State School Teachers (Appointment, Transfer,

Patna High Court CWJC No.16751 of 2023 dt.16-07-2024 2/3 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 petitioner now, by means of an interlocutory application bearing I.A. No. 01 of 2024, seeks a similar direction to the respondents to allow the petitioner to apply for the post of School 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 petitioner by means of the I.A. No. 01 of 2024 is entirely a new and different cause of action, for which the petitioner 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.16751 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