Patna High Court
Dhiraj Kumar vs The State Of Bihar on 6 March, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17306 of 2023
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1. Dhiraj Kumar S/o Ram Bharosa Singh, resident of Village-Baid Bigha, P.S.-
Kurtha, District-Arwal.
2. Santosh Kumar, S/o Rajdeo Mistri, resident of Village-Manikpur, P.S.-
Kurtha, District-Arwal.
3. Pramita Kumari, D/o Vinod Kumar, resident of Village-Patsiya, P.S.-
Harnaut, District-Nalanda.
4. Rahul Vishwakarma, S/o Rajendra Vishwakarma, resident of Village-Karpi,
P.S.-Karpi, District-Arwal.
5. Rajesh Kumar, S/o Pramod Prasad, resident of Village-Karpi, P.S.-Karpi,
District-Arwal.
6. Indrajit Kumar Singh, S/o Sudarshan Singh, resident of Village-Harna, P.S.-
Rampur Chauram, District-Arwal.
7. Sanjeet Kumar, S/o Mahendra Prasad, resident of Village-Birhaha, P.S.-
Haspura, District-Aurangabad.
8. Shyamanuj Kumar, S/o Sitaram Rawani, resident of Village-Gurdhari Bigha,
P.S.-Deokund, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar.
2. Director, Primary Education, Government of Bihar.
3. District Magistrate, Arwal.
4. District Education Officer, Arwal.
5. District Programme Officer (Establishment), Arwal.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suryakant Kumar, Adv.
For the Respondent/s : Mr.Standing Council ( 8 )
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 06-03-2024 Heard learned counsels for the parties.
2. The petitioners have prayed for following relief(s):
I) For issuance of appropriate writ/writs, Patna High Court CWJC No.17306 of 2023 dt.06-03-2024 2/3 order/orders, direction/directions for directing the respondents to consider 82 marks of the petitioners out of 150 (54.66%) in BTET/CTET Paper-1 equivalent to 55% applying principal of rounding off or alternatively to hold that 82 marks of the petitioners out of 150 (54.66%) in BTET/CTET Paper-1 is equivalent to 55%, applying principal of rounding off as BTET/CTET Paper-1 is a qualifying exam for which qualifying certificate has been issued by the concerned Boards declaring the petitioners qualified. II) For directing the respondents to appoint the petitioners on the post of teachers in the light of fact that the petitioners have all the other required qualifications and they have been declared successful by the Bihar Public Service Commission in the School Teacher Recruitment Examination held in the light of Advertisement No. 26 / 2023 issued by the Bihar Public Service Commission and also that advertisement does not require 55% in BTET/CTET Paper-1.
III) For any other relief/s for which the petitioners shall be found entitled under the facts and circumstances of the case.
3. Learned counsel for the petitioners submits that the petitioners have filed a detailed representation before the Director, Primary Education, Government of Bihar (respondent no.2) and the said representation is still pending.
Patna High Court CWJC No.17306 of 2023 dt.06-03-2024 3/3
4. In view of the submission made by learned counsel for the petitioners, in my view, no useful purpose would be served keeping this writ application pending.
5. Accordingly, this writ application is disposed of with a direction to the Director, Primary Education, Government of Bihar (respondent no.2) to dispose of the representation of the petitioners by a reasoned and speaking order in accordance with law and in the light of the order passed by the Apex Court in W.P. (C) 2877 of 2003 & CM APPL No. 4883 of 2003 and also considering the circular dated 07.06.2013 (Annexure-8) within four weeks from the date of receipt/production of a copy of this order.
6. It is made clear that the Director, Primary Education, Government of Bihar (respondent no.2) shall be personally responsible for non-compliance of this order within the stipulated period.
(Anjani Kumar Sharan, J) divyanshi/-
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