Patna High Court - Orders
Archana Devi vs The State Of Bihar on 19 December, 2024
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17558 of 2024
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1. Archana Devi C/o- Rukmangal Singh, Resident of Pasner, P.S.- Bilgram
District- Hardoi (Uttar Pardesh) Presently posted as teacher, Nav Primary
School, Dhab, Kusumpatti, Singhwara, Darbhanga.
2. Kusumlata Yadav, C/o- Fagu Singh Yadav, Resident of Pakari Khurd, Post-
Pakari Bujurg, Ghosi, District- Mau (Uttar Pradesh) presently posted as
Teacher at Middle School, Sughrain, Kusheshwar Asthan, Darbhanga.
3. Jyoti, W/o-, Subhash Nagar, Gondey, Post- Gondey, Pratapgarh (Uttar
Pardesh) presently posted as Teacher at Nav Primary School, Godhya Ghat,
Bahadurpur, District- Darbhanga.
4. Sajara Khatun, D/o- Kalam Ansari, Resident of Karmani, P.S.- Pipraich,
District- Gorakhpur (Uttar Pradesh) Presently posted as Teacher at Middle
School(Girl), Chandanpatti, Hayaghat, Darbhanga.
5. Lakhika, D/o- Siyaram, Resident of 12, Mundera, Rasoolpur Mundera,
Hiswar, Ambedkar Nagar, District- Hanswar, Uttar Pradesh. Presently posted
as Teacher at Primary School, Lakshmipur, Ghanshyampur, Darbhanga.
6. Km. Radhika Yadav, D/o- Ram Janak Yadav, Resident of Pakri Chauhan,
P.O.- Dubauliya, District- Basti (Uttar Pradesh), presently posted as Teacher
at Primary School, Barioul Urdu, Kewti, District- Darbhanga.
7. Shivanee Devi, D/o- Shiv Kumar Singh, Resident of 16, Muhammadpur,
Jaloun, Mahmoodpur, Jaloun, District- Eekon, (Uttar Pradesh), Presently
posted as Teacher at Primary School, Pohdi, Sangahi Tola, Benipur,
Darbhanga.
8. Samiksha, D/o- Shri Nebulal, Resident of Village- Sahupar, Post- Mahshon,
P.S.- Lalganj, District- Basti (Uttar Pradesh) Presently posted as Teacher at
U.H.S, Kiratpur, Block- Kiratpur, District- Darbhanga.
9. Pratima, W/o- Anil Kumar, Resident of Rampur, Barouli, District- Baliya
(Uttar Pradesh), presently posted as Middle School, Pohdai, Darbhanga.
10. Humaira Khanam, W/o- Salman Ahmad, Resident of Sarojani Nagar,
Amausi, District- Lucknow (Uttar Pradesh), presently posted as Teacher at
B.S., Moro, Hanuman Nagar, Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar, New
Secretariat, Patna.
3. The Director, Secondary Education, Govt. of Bihar, Patna.
4. The Director, Primary Education, Govt. of Bihar, Patna.
5. The Chairman, Bihar Public Service Commission, Bihar, Patna.
6. The Secretary, Bihar Public Service Commission, Bihar, Patna.
7. The Examination Controller, Bihar Public Service Commission, Bihar,
Patna High Court CWJC No.17558 of 2024(2) dt.19-12-2024
2/6
Patna.
8. The District Education Officer, Darbhanga.
9. The District Programme Officer (Estab.), Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Sri Lalit Kishore, Sr. Advocate
Sri Shashi Bhushan Singh, Advocate
Sri Ayush Kumar, Advocate
Sri Kanishka Shankar, Advocate
For the Respondent/s : Sri Raghwanand, GA-11
Sri Prabhat Kumar, AC to GA-11
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-12-2024Heard Sri Lalit Kishore, learned Senior Counsel for the petitioners, Sri Raghwanand learned GA-11 for the State and Sri Sanjay Pandey, learned counsel appearing on behalf of the Bihar Public Service Commission.
2. Learned Senior Counsel for the petitioners submits that the instant writ application has been filed seeking quashing of the memo no. 1341 dated 15.05.2024 (Annexure-P/12) issued by respondent no. 3 whereby it has been instructed to all the District Education Officers of the State not to provide benefit of relaxation to the candidates belonging from other States coming under the category of female at par with the candidates of the said category of the State of Bihar in Central Teacher's Eligibility Test (in short 'CTET') and also for quashing the memo no. 1839 dated 31.05.2024 (Annexure-P/13) and memo no. 1936 dated 11.06.2024 (Annexure-P/13/1) issued under the signature of respondent no. 8 with respect to the petitioners whereby and whereunder the Patna High Court CWJC No.17558 of 2024(2) dt.19-12-2024 3/6 petitioners have been directed to submit show cause reply to the effect that they have obtained less than 60% marks in CTET, hence, their appointment is liable to be cancelled.
3. Learned Senior Counsel for the petitioners submits that petitioners in pursuance of advertisement no. 26/2023 and 27/2023 had participated in the selection process for being appointed as teacher in various schools of the State of Bihar. Learned Senior Counsel further submits that petitioners are women and were having more than 55% marks in CTET examination conducted by the CBSE.
4. It is next submitted that since petitioners were eligible in terms of the advertisement no. 26/2023 and 27/2023 to participate in the examination, as such, they had participated and after participating in the examination, the petitioners were declared successful and have been appointed in different schools in the State of Bihar. It is also submitted that advertisement no. 26/2023 and 27/2023 did not incorporate any clause wherein it was recorded that any woman of general category participating from outside Bihar must have 60% and above marks in CTET examination for participating in the examination.
5. Learned Senior Counsel for the petitioners submits that after the petitioners participated and were declared successful and appointment letters were issued, the impugned memos have Patna High Court CWJC No.17558 of 2024(2) dt.19-12-2024 4/6 been issued asking the petitioners to furnish their explanation as to whether they have 60% marks or more in CTET examination or not. It is further submitted that if it is found that the petitioners are not having 60% or more marks in CTET examination, in that event their services would be terminated when it was not a condition of the advertisement when the petitioners had participated that a general female candidate having residence outside Bihar can participate only if she has 60% or more in CTET examination. It is next submitted that the advertisement no. 26/2023 and 27/2023 did incorporate a clause wherein it was recorded that general female candidate can apply provided they have 55% marks in CTET examination i.e. the eligibility for participating in the examination for female candidate was 55% marks in CTET examination.
6. Learned Senior Counsel for the petitioners next submits that the said clause by no stretch of imagination can be construed to mean that it was only meant for female candidates of Bihar and not for those female candidates who had participated but were residing outside the State of Bihar. It is further submitted that there is no rule permitting such classification based on which the instant show cause has been issued.
7. Learned counsel for the State at this stage submits that since show cause has been issued, the petitioners should be asked to furnish their explanation and they should not have rushed Patna High Court CWJC No.17558 of 2024(2) dt.19-12-2024 5/6 to this Court based on apprehension on which learned Senior Counsel for the petitioners draws the attention of the Court to the order dated 10.12.2024 passed in C.W.J.C. No. 17206 of 2024 to submit that the said ground was also raised by the learned State Counsel in C.W.J.C. No. 17206 of 2024 but then it was shown to the Court that Annexure-1 of C.W.J.C. No. 17206 of 2024 was issued by the Director, Secondary Education, Government of Bihar, Patna in the case of Ibtesham Shaheen wherein the application of the aforesaid candidate was rejected on the ground that Ibtesham Shaheen is a candidate residing outside Bihar as such she was not entitled for the benefit of reservation and thus would also not get the benefit of relaxation of 5% in CTET marks as being given to the general female candidates residing in Bihar.
8. Learned Senior Counsel for the petitioners thus submits that the apprehension of the petitioners of the instant writ application is also not unfounded. Learned Senior Counsel by placing reliance on the order dated 10.12.2024 in C.W.J.C. No. 17206 of 2024 further submits that since the Director, Secondary Education has already taken a decision, hence, his Subordinate Officer will have no option but to decide the cases of the petitioners of the instant writ application on the same lines when there is a difference between the concept of reservation and relaxation.
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9. Learned Senior Counsel for the petitioners next submits that the services of the petitioners of the instant writ application till date have not been terminated.
10. Learned counsel appearing on behalf of the State seeks four weeks' time for filing counter affidavit.
11. Put up this case on 27.01.2025.
12. In the meantime, the authorities are directed not to take any coercive action against the petitioners if their services till date have not been terminated.
(Satyavrat Verma, J) Kundan/-
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