Patna High Court - Orders
Abhay Raj Kumar vs The State Of Bihar on 21 April, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19346 of 2024
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1. Abhay Raj Kumar Son of Shiya Sharan Singh, Resident of Bichchha, P.O
Rajwara, P.S- Wazirganj, Dist - Gaya, Bihar, Pincode -805131
2. Vishwas Shanker Pushp, Son of Keshav Kumar Shahi, Resident of Adarsh
Nagar Lane No- 3 Majhauli Khetal Majhauliya, P.O - Dumari, P.S - Sadar,
Dist - Muzaffarpur, Bihar, Pincode - 843113.
3. Rahul Kumar, Son of Pawan Singh, Resident of Mokrampur, P.O
Mirchaiganj, P.S - Nalanda, Dist - Nalanda, Bihar, Pincode-803111
4. Kumar Gaurav, Son of Sudhanshu Kumar Singh, Resident of Mina Bazar
Sonpur, P.O Sonpur, P.S - Sonpur, Dist - Saran, Bihar, Pincode - 841101.
5. Vivek Raj, Son of Rajeev Kumar Singh, Resident of Professor Colony
Chakia, P.O Bara Chakia, P.S- Chakia, Dist-East Champaran, Bihar, Pincode
845412.
6. Bipin Upadhyay, Son of Binod Kumar Upadhyay, Resident of Chaubepur,
P.O-Bambhwar, P.S Piro, Dist-Bhojpur, Bihar, Pincode-802155.
7. Alok Kumar, Son of Ashok Singh, Resident of Mohalla Chandauti, P.O -
Chandauti, P.S -Chandauti, Dist - Gaya, Bihar, Pincode - 823001.
8. Aditya Kumar, Son of Balmiki Prasad Singh, Resident of Bhagwan Bigha,
P.O - Eksara, P.S Ben, Dist - Nalanda, Bihar, Pincode 803114.
9. Kishan Kumar, Son of Surendra Roy, Resident of Rani-3 Ward-15, P.O-Rani,
P.S -Bachhwara, Dist - Begusarai, Bihar, Pincode - 851111.
10. Sana Zeb, Daughter of Md. Alauddin, Resident of Chakmal (Pokhraira), P.O
- Giddha, P.S - Saraiya, Dist - Muzaffarpur, Bihar, Pincode - 843106.
11. Vikrant Pandey, Son of Shiv Shankar Pandey, Resident of Pawa, P.O-Pawa,
P.S - Deepnagar, Dist - Nalanda, Bihar, Pincode - 803115.
12. Aditya Raj, Son of Satish Kumar Mishra, Resident of Banua, P.O-Turki
Khararo, P.S - Minapur, Dist - Muzaffarpur, Bihar, Pincode - 843128.
13. Nazish Akhtar, Son of Perwez Akhtar, Resident of Imran Colony New
Karimganj, P.O - Karimganj, P.S - Civil Line, Dist - Gaya, Bihar, Pincode -
823001.
14. Gulshan Kumar, Son of Shubhash Chandra Kumar, Resident of Parsawan,
P.O - Parsawan, P.S - Ramgarh Chowk, Dist - Lakhisarai, Bihar, Pincode
811311.
15. Prasun Kumar, Son of Nagendra Kumar, Resident of Shivpuri Bhisha
Madhopur Raushan, P.O-Amghatta, P.S-Dumra, Dist - Sitamarhi, Bihar,
Pincode 843302.
16. Anki Kumari, Daughter of Jitendra Kumar Singh, Resident of Mirzapur, P.O
- Mirzapur, P.S - Chiksaura, Dist - Nalanda, Bihar, Pincode 801302.
17. Sandeep Kumar, Son of Bijay Kumar Choubey, Resident of Hatpokhar, P.O -
Masurhi, P.S - Jagdishpur, Dist - Bhojpur, Bihar, Pincode - 802158.
18. Kanhaiya Singh, Son of Harendra Singh, Resident of Ganghar, P.O-Ganghar,
P.S - Ara Muffshail, Dist - Bhojpur, Bihar, Pincode - 802312.
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19. Sunny Kumar, Son of Surya Prakash Singh, Resident of Pawa, P.O -Pawa,
P.S -Deepnagar, Dist - Nalanda, Bihar, Pincode - 803115.
20. Diwakar Kumar, Son of Ajay Kumar, Resident of Katni, P.O - Gola Bazar,
P.S - Kawakol, Dist - Nawada, Bihar, Pincode - 805106.
21. Siyakant Roy, Son of Raj Kumar Roy, Resident of Atahi, P.O-Mahuli, P.S-
Baheri, Dist - Darbhanga, Bihar, Pincode-847201.
22. Kumari Pallavi, Daughter of Subodh Kumar, Resident of Katari, P.O.-Katari,
P.S - Korma, Dist - Sheikhpura, Bihar, Pincode-811102.
23. Kriti Priya, Daughter of Baliram Mishra, Resident of Turki Khararu, P.O -
Turki Khararu, P.S - Minapur, Dist - Muzaffarpur, Bihar, Pincode - 843128.
24. Mrigank, Son of Sanjeet Kumar , Resident of Janipur, P.O-Janipur, P.S-
Nanpur, Dist-Sitamarhi, Bihar, Pincode 843333.
25. Mayank Raj, Son of Shambhu Prasad, Resident of Nathupur, P.O -
Sultanpur, P.S - Fatuha, Dist - Patna, Bihar, Pincode - 803201.
26. Himanshu Kumar, Son of Krishna Kumar Singh, Resident of Raghauli, P.O
-Raghauli, P.S- Bisfi, Dist -Madhubani, Bihar, Pincode - 847304.
27. Sonu Kumar Singh, Son of Ram Balak Singh, Resident of Tarwanwa, P.O-
Maksudpur Kararia, P.S-Shyampur Bhathan, Dist -Sheohar, Bihar, Pincode
843329.
28. Rana Abhijeet, Son of Sanjay Kumar Singh, Resident of Kalyanpur, P.O-
Athmalgola, P.S - Athmalgola, Dist - Patna, Bihar, Pincode -803211.
29. Rohit Raj, Son of Jitendra Kumar, Resident of Adalpur, P.O -Hajipur, P.S -
Sadar Hajipur, Dist - Vaishali, Bihar, Pincode - 844101.
30. Yash Kumar, Son of Amar Kumar, Resident of Pipra Dewas, P.O - Pipra
Dewas, P.S - Barauni, Dist - Begusarai, Bihar, Pincode - 851112.
31. Abhay Shankar, Son of Suresh Choudhary, Resident of Rupauli, P.O-
Rupauli, P.S- Musrigharari, Dist - Samastipur, Bihar, Pincode - 848132.
32. Shivani Kumari, Daughter of Prabhakar Kumar, Resident of Purani Bazar,
Behind KSS College, P.O-Lakhisarai, P.S-Lakhisarai, Dist-Lakhisarai, Bihar,
Pincode-811311.
33. Jyoti Kumari, Daughter of Krishna Singh, Resident of Sohraiya, P.O -
Pokhrahan, P.S - Phesar, Dist - Aurangabad, Bihar, Pincode-824121.
34. Pooja Kumari, Daughter of Ram Udgar Singh, Resident of Pachoukhar, P.O
-Pachoukhar, P.S - Deo, Dist - Aurangabad, Bihar, Pincode -824202.
35. Ashif Jamal, Son of Mohammad Moaz, Resident of Jhumka, P.O - Behra,
P.S - Sikta, Dist - West Champaran, Bihar, Pincode - 845307.
36. Ravindra Kumar Singh, Son of Raj Kumar Singh, Resident of Gangdwar,
P.O - Gangdwar, P.S- Andhrathadhi, Dist -Madhubani, Bihar, Pincode
847235.
37. Juhi Kumari, Daughter of Kishor Mishra, Resident of Ward No 08 Belagoth,
P.O - Dabhari, P.S -Kishanpur, Dist - Supaul, Bihar, Pincode - 852131.
38. Vivek Kumar Singh, Son of Pramod Kumar Singh, Resident of Dayal Pali,
P.O-Palimohan, P.S Khajauli. Dist -Madhubani, Bihar, Pincode -847228.
39. Aaradhya Ratn, Daughter of Lalbabu Thakur, Resident of Lauriya Laxmipur,
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P.O -Lauriya, P.S -Lauriya, Dist -West Champaran, Bihar, Pincode 845453.
40. Md Jawed, son of Md Motiurrahman, Resident of Gaibandhi Tole Pokhariya,
P.O Ibrahimpur Parsauni, P.S-Phenhara, Dist East Champaran, Bihar,
Pincode - 845430.
41. Roshni Kumari, Daughter of Narendra Kumar Singh, Resident of Kopwa,
P.O- Kopwa, P.S-Koran Sarai, Dist - Buxar, Bihar, Pincode 802126.
42. Neeraj Chaubey, Son of Brijendra Kumar Chaubey, Resident of Balua, P.O -
Balua, P.S-Krishnagargh, Dist - Bhojpur, Bihar, Pincode -802351
43. Himanshu Kumar, Son of Sanjay Kumar Singh, Resident of Naokothi, P.O-
Naokothi, P.S - Naokothi, Dist-Begusarai, Bihar, Pincode 851130.
44. Amit Kumar, Son of Amresh Kumar, Resident of Narsandi, P.O-Pakariya,
P.S- Shambhuganj, Dist - Banka, Bihar, Pincode - 813211.
45. Gunjan kumar, Son of Bhushan Sharma, Resident of Sakulachak, P.O
-Samai,P.S- Muffassil, Dist-Nawada, Bihar, pincode 805104.
46. Dheeraj Kumar, Son of Umesh Sharma, Resident of Parari, P.O - Tara Nagar,
P.S - Bihta, Dist - Patna, Bihar, Pincode - 801103.
47. Komal Kumari, Daughter of Murari Singh, Resident of Rahua, P.O -
Sahebpurkamal, P.S - Sahebpurkamal, Dist - Begusarai, Bihar, Pincode -
851217.
48. Sunny Prabhat, Son of Vijay Kumar Thakur, Resident of Pachhiyari Tabhka,
Tabhka Khas, Ward Number -02, P.O -Pandit Tol Tabhka, P.S - Bibhutipur,
Dist - Samastipur, Bihar, Pincode-848114.
49. Ashok Kumar, Son of Jiuat Lal, Resident of Shukul tola Siswaniya, P.O -
Siswaniya, P.S - Lauriya, Dist - West Champaran, Bihar, Pincode - 845453.
50. Himanshu Kumar, Son of Amit Kumar, Resident of Jwas, P.O-Dhiradar, P.S
-Barahiya, Dist - Lakhisarai, Bihar, Pincode - 811311.
51. Priya Kumari, Daughter of Ramanuj Singh, Resident of Katari, P.O Katari,
P.S- korma, Dist-Sheikhpura, Bihar, Pincode - 811105.
52. Ankita Kumari, Daughter of Umesh Kumar Mishra, Resident of Rupow, P.O
- Rupow, P.S - Rupow, Dist - Nawada, Bihar, Pincode - 805107.
53. Shivam Raj, Son of Saroj Kumar Thakur, Resident of Ratanpura, P.O -
Giddha, P.S - Saraiya, Dist - Muzaffarpur, Bihar, Pincode - 843106.
54. Ujjwal Kumar Dubey, Son of Uma Kant Dubey, Resident of Madhopur, P.O
- Madhopur, P.S-Chandramandih, Dist - Jamui, Bihar, Pincode - 811303.
55. Randhir Kumar, Son of Thakur Ratneshwar Pd Singh, Resident of Selibeli,
P.O - Selibeli, P.S - Basopatti, Dist - Madhubani, Bihar, Pincode - 847226.
56. Amit Kumar Choudhary, Son of Ram Kumar Choudhary, Resident of
Phulhara, P.O-Phulhara, P.S - Singhia, Dist - Samastipur, Bihar, Pincode -
848209.
57. Krishan Kumar, Son of Baiju Kumar Roy, Resident of Harpur Pusa, P.O
-Pusa, P.S - Pusa, Dist - Samastipur, Bihar, Pincode - 848125.
58. Ashish Kumar Dixit, Son of Sury kishor Dixit, Resident of Belauri, P.O-
Belauri, P.S- Guthani, Dist - Siwan, Bihar, Pincode - 841239.
59. Khushboo Kumari, Daughter of Ganesh Choudhary, Resident of Darhar, P.O
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Laheria Sarai, P.S - Bahadurpur, Dist - Darbhanga, Bihar, Pincode -846001.
60. Anand Mohan Sinha, Son of Madan Prasad Sinha, Resident of Road No 1
Shivpuri Carbon Factory Road Opposite Puja Kirana, P.O Shastrinagar, P.S -
Shastrinagar Thana, Dist - Patna, Bihar, Pincode 800023.
61. Nayan Kumar, Son of Manoranjan Prasad, Resident of Rambagh Chowk
Beside Mahanth Sukhdeo Das High School, P.O- Ramna, P.S - Mithanpura,
Dist - Muzaffarpur, Bihar, Pincode - 842002.
62. Chandani Kumari, Daughter of Narayan Sharma, Resident of Jatkauli, P.O -
Dharampur, P.S- Vaishali, Dist - Vaishali, Bihar, Pincode - 844111.
63. Shashwat Garg, Son of Rabindra Nath Thakur, Resident of L.N NAGAR
BELA, ROAD NO -1, LANE NO-2, P.O - RK Ashram, P.S - Mithanpura,
Dist - Muzaffarpur, Bihar, Pincode - 843116.
64. Ritesh Singh, Son of Om Prakash Singh, Resident of Karanpura, P.O
-Karanpura, P.S- Madhaura, Dist - Saran, Bihar, Pincode - 841418.
65. Sourabh Kumar, Son of Devendra Kumar jha, Resident of Badi Chataiya,
P.O - Khawaspur, P.S - Ekchari, Dist - Bhagalpur, Bihar, Pincode - 813209.
66. Rishabh kumar, Son of Saroj Kumar Dubey, Resident of Karikol, P.O
-Phaga, P.S - Bounsi, Dist - Banka, Bihar, Pincode - 813104.
67. Man Mohan Kumar, Son of Hira Lal Jha, Resident of Bhuria, P.O -
Sanhoula, P.S - Sanhoula, Dist - Bhagalpur, Bihar, Pincode - 813205.
68. Mini Anand, Daughter of Barun Singh, Resident of Vishkorba, P.O-
Panjwara, P.S - Panjwara, Dist-Banka, Bihar, Pincode-813110.
69. Mariya Perween, Daughter of Md Shahnawaz, Resident of Salimpur, P.O-
Mohiuddinpur, P.S-Jagdishpur, Dist - Bhagalpur, Bihar, Pincode-813105.
70. Abhinav Kumar, Son of Ranbir Kumar, Resident of Ward No-11 Near Airtel
Tower Shankerpur Bakhadda, P.O -Badalpura, P.S -Matihani, Dist -
Begusarai, Bihar, Pincode - 851129.
71. Anamika Kumari, Daughter of subodh kumar chaubey, Resident of Pipra,
P.O - Bakulahar Math, P.S - Chanpatia, Dist - Pashchim Champaran, Bihar,
Pincode 845449.
72. Piyush Shrivastava, Son of Krishna Kant Shrivashtava, Resident of
Rupsagar, P.O - Rupsagar, P.S-Nawanagar, Dist - Buxar, Bihar, Pincode -
802129.
73. Archana Kumari, Resident of 4/eh-5 Housing Board Colony, P.O - Barari,
P.S - Barari, Dist - Bhagalpur, Bihar, Pincode - 812003.
74. Ratnesh Raj Pandey, Son of Ajay Pandey, Resident of Mirchaibari, Katihar,
P.O - Katihar, P.S - Katihar, Dist - Katihar, Bihar, Pincode - 854105.
75. Karunakar Kumar, Son of Kamakhya Prasad Sharma, Resident of Dighra,
P.O -Dighra, P.S- Pusa, Dist- Samastipur, Bihar, Pincode 848115.
76. Subhanshu Ranjan, Son of Rajesh Kumar Thakur, Resident of
Goverdhanpur, P.O -Siho, P.S- Sakra, Dist- Muzaffarpur, Bihar, Pincode
843119.
77. Ankit Kumar, Son of Kamod Singh, Resident of Kuari Madan, P.O - Kuari
Madan, P.S - Mejorganj, Dist - Sitamarhi, Bihar, Pincode - 843332.
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78. Kishan Raj, Son of Mukesh Kumar, Resident of Shahpur, P.O- Bishundatpur,
P.S- Kanti, Dist - Muzaffarpur, Bihar, Pincode - 843113.
79. Md Tarique Aziz, Son of Md Jahangir Alam, Resident of Basantpur, P.O-
Mansahi, P.S - Mansahi, Dist - Katihar, Bihar, Pincode-854103.
80. Anup Kumar Pathak, Son of Sachitanand Pathak, Resident of Sonahula, P.O
- Bakulari, P.S-Guthani, Dist - Siwan, Bihar, Pincode-841239.
81. Tausif Raza, Son of Ahrar Ahmad, Resident of Charuanwan, P.O -
Charuanwan, P.S - Shekhopur Sarai, Dist- Sheikhpura, Bihar, Pincode-
811103.
82. Ravi Kumar, Son of Rajesh Kumar Singh, Resident of Raipatti, P.O
-Shitalpatti, P.S - Sewaipatti, Dist - Muzaffarpur, Bihar, Pincode - 843128.
83. Neha Kumari, Daughter of Sanjay Kumar Ray, Resident of Anand nagar
Ara, P.O - Sivganj, P.S-Town Thana, Dist - Bhojpur, Bihar, Pincode -
802301.
84. Shashi Ranjan Kumar, Son of Shrawan Kumar, Resident of Saguni, P.O
-Rewan, P.S - Masaurhi, Dist - Patna, Bihar, Pincode - 804454.
85. Prashant Kumar, Son of Rajballabh Prasad Singh, Resident of Laranpur,
P.O- Laranpur, P.S - Islampur, Dist - Nalanda, Bihar, Pincode - 803116.
86. Manit Kumar, Son of Kameshwar Ojha, Resident of Ojhawaliya Kalan, P.O-
Andhari, P.S Chouri, Dist Bhojpur, Bihar, Pincode -802222.
87. Neha Kumari, Daughter of Shyam Narayan Singh, Resident of Balia, P.O -
Balia, P.S - Amba, Dist - Aurangabad, Bihar, Pincode - 824111.
88. Aradhana Kumari, Daughter of Akhilesh Kumar Pathak, Resident of
Madhopatti, P.O - Madhopatti, P.S Kamtaul, Dist- Darbhanga, Bihar
Pincode-847306.
89. Kajal Kumari, daughter of Shri Shashi Bhushan Pande, resident of Harpur
Mahamda, P.O.-Pusa, P.S.-Pusa, District-Samastipur, Pincode 848125.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department, Bihar, Patna.
2. Additional Chief Secretary, Social Welfare Department, Bihar, Patna.
3. Additional Chief Secretary, Education Department, Bihar, Patna.
4. Director, Primary Education, Education Department, Bihar, Patna.
5. Bihar Public Service Commission, Patna through its Chairman.
6. Chairman, Bihar Public Service Commission, Patna.
7. Secretary, Bihar Public Service Commission, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Advocate
Mr. Pushkar Bharadwaj, Advocate
Mr. Shubham Priyadarshi, Advocate
Ms. Shreyashi Raj, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG-IX
Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025
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For the BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2025Heard Mr. Abhinav Shrivastava, learned Senior Counsel for the petitioners assisted by Ms. Shreyashi Raj, learned Advocate, Mr. S.D. Yadav, learned AAG-9 for the State and Mr. Sanjay Pandey, learned counsel appearing on behalf of the BPSC.
2. Learned Senior Counsel appearing on behalf of the petitioners submits that before making submission on merits of the case, it is pertinent to briefly state certain facts which have important bearing on the adjudication of the lis involved in the instant writ application.
3. It is further submitted that Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 (hereinafter referred to as "the 2023 Rules") were notified by a notification dated 10.04.2023 contained in Memo No. 743 (Annexure-1) which laid down detailed provisions with regard to the appointment of teachers in schools of different categories including primary, middle, secondary and senior secondary schools in the State of Bihar. Rule 6 of the 2023 Rules incorporated that the rules of reservation applicable in cases of direct recruitment as Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 7/17 implemented by the General Administration Department, Government of Bihar would be applicable in the matters of appointment under the 2023 Rules. It is next submitted that Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (hereinafter referred to as the "1991 Act") was notified by a notification dated 07.01.1992 issued by the Law Department, Government of Bihar. Section 4 of the 1991 Act incorporates provision with regard to direct recruitment to the services and posts under the State Government according to which 50% of the vacancies were to be filled up from open merit category and 50% of the vacancies were to be filled up on the basis of recruitment of candidates from different categories and the percentage of reservation admissible in different categories was provided under Section 4(ii) of the 1991 Act. According to Section 4(ii) of the 1991 Act, the vacancies from different categories of reserved candidates from amongst 50% category was in the ratio - SC - 14%, ST - 10%, EBC - 12%, BC
- 8%, Economically Backward Women 3% and Economically Backward 3%.
4. By the Constitution 103rd (Amendment) Act, 2019 passed by the Parliament, provisions were made for reservation Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 8/17 on preferential basis to the Economically Weaker Sections (hereinafter referred to as "the EWS") who were not covered under the existing scheme for reservation of SC, ST, OBC and EBC, hence, Bihar Reservation in Vacancies and Posts and Services and in Admissions in the Educational Institutions (For Economically Weaker Sections) Act, 2019 was enacted by the State Legislature (hereinafter referred to as "the 2019 Act") which laid down provisions for 10% reservation in the matter of direct recruitment in the services of the State Government in favour of persons belonging to EWS. It is submitted that reservation provided to EWS is a vertical reservation.
5. It is next submitted that as per Section 4 of the 2019 Act, the EWS were entitled to the benefit of 10% reservation in the matters of direct recruitment in the services of the State Government which was in excess of 50% reservation as were admissible in favour of persons under the 1991 Act.
6. It is further submitted that in the meantime, Bihar Reservation of Vacancies in Posts and Services (For SC, ST and OBC) (Amendment) Act, 2023 was enacted by the State Legislature which laid down the provisions amending the 1991 Act and by Section 2 of the Amendment Act, 2023 the provisions contained under Section 4 of the 1991 Act was Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 9/17 amended to the effect that 35% of the available vacancies in the matter of direct recruitment in the Establishment of the State Government were to be filled up from open merit category and 65% vacancies were to be filled up from the reserved category and the manner in which the benefit of reservation were to be extended in favour of persons belonging to different categories entitled for the same was incorporated in amended Section 4 of the Amendment Act, 2023.
7. It is next submitted that despite 2023 Act having been enacted, provisions regarding extension of benefits of reservation in favour of EWS category remained intact i.e. they remained entitled for 10% reservation in the matters of direct recruitment.
8. It is submitted that in terms of the 2023 Act, Advertisement No.26/2023 and 27/2023 were published by the BPSC inviting application from eligible candidates for consideration of their cases for appointment against the post of school teachers in schools of different categories including primary, middle, secondary and senior secondary schools under the Education Department of the State Government and also the schools falling under the control of Backward Classes, Welfare Department as well as SC/ST Welfare Department. In the Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 10/17 aforesaid advertisements, 50% reservation in favour of candidates belonging to educationally and socially backward class groups was extended in terms of 1991 Act and persons belonging to EWS have been extended benefits of 10% reservation. After the process of selection of school teachers in pursuance of the aforesaid advertisement was carried out, the BPSC published Advertisement No. 22/2024 dated 23.02.2024 (Annexure-2) inviting applications from eligible candidates and in respect of school teachers to be appointed in the general subjects in Primary Schools in the State of Bihar, altogether 28026 posts were advertised which included 11861 posts of teachers and 9910 posts which were reserved for female candidates belonging to different categories and in this manner altogether 11861+9910=21771 post of teachers in general subjects were advertised. The rest of the posts was meant for other categories of teachers.
9. From the Advertisement No. 22/2024, it would manifest that in both the categories bifurcation of seats had been done extending the benefits of vertical reservation in favour of female candidates which was impermissible. However, from the said advertisement, it also manifests that as against 11861 posts of primary teachers, 1184 vacancies were shown to be reserved Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 11/17 for candidates belonging to the EWS category and against 9910 posts of school teachers in general subjects for primary schools which were reserved for female candidates belonging to different categories, out of which 989 posts were shown to be reserved for female candidates belonging to the EWS category, as such, 10% reservation to the EWS category was provided in terms of the Advertisement No. 22/2024.
10. It is thus submitted that out of 21771 posts of teachers in general subjects, the post reserved for EWS was nearly 2000 which makes it 10%.
11. It is submitted that since the petitioners were having eligibility in terms of the conditions incorporated under Advertisement No. 22/2024, as such, the petitioners applied under the EWS category (Annexure-4 series).
12. It is next submitted that Department of Education, Government of Bihar vide letter dated 15.03.2024 (Annexure-3) communicated to the Accountant General, Bihar that after coming of the aforesaid 2023 Rules, 11039 posts of school teachers in respect of Primary School has been sanctioned by the State Government. It is submitted that creation of 11039 posts by the State Government was also communicated to the BPSC but BPSC did not issue any notice indicating as to Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 12/17 whether or not the aforesaid posts were also included in the Advertisement No. 22/2024.
13. It is submitted that the petitioners participated in the selection process which commenced in pursuance of Advertisement No. 22/2024, but, in the meantime, validity of 2023 Act was challenged before this Court in C.W.J.C. No. 16760 of 2023 and this Court by an order dated 20.06.2024 declared the 2023 Act ultra vires the Constitution of India, as such, 65% reservation was set aside and the previous provision as existed prior to the aforesaid amendment became operative according to which 50% reservation alone was permissible.
14. The BPSC, accordingly, in terms of the judgment dated 20.06.2024 in C.W.J.C. No. 16760 of 2023 issued a minor corrigendum dated 13.11.2024 (Annexure-5) which is impugned in the instant writ petition by which 50% reservation was to be extended in favour of the candidates as it existed prior to the aforesaid 2023 Amendment Act.
15. It is submitted that in Advertisement No. 22/2024 dated 23.02.2024, altogether 28260 posts of school teachers had been advertised for appointment in Primary Schools, in the minor corrigendum the vacancies were reduced to 25505 and as regard the general subject, the total number of vacancies were Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 13/17 shown to be 19842 which also included the post reserved in favour of the female candidates but 10% reservation in EWS category was not adhered to in terms of the 2019 Act in the minor corrigendum dated 13.11.2024 as only 917 posts were shown to be reserved for general candidates belonging to EWS category out of which 454 seats were shown to be reserved for EWS female category when total 19842 posts were advertised as such 10% of the same comes to nearly 1984 posts.
16. It is further submitted that prior to order dated 20.06.2024 in C.W.J.C. No. 16760 of 2023, the total seats in general subject advertised was 21771 and the seats allotted under EWS category was nearly 2000 then on what basis after the order dated 20.06.2024 in C.W.J.C. No. 16760 of 2023 when the seats were reduced to 19842 in general subject the EWS category was allowed only 952 instead of 1900 or more.
17. It is further submitted that out of 19842 posts only 7440 posts were shown to be reserved for candidate belonging to general category which also was in blatant disregard of the 1991 Act when the posts reserved for general category candidate ought to have been 9921.
18. It is submitted that examination in pursuance of Advertisement No. 22/2024 was conducted in July 2024 and the Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 14/17 judgment in C.W.J.C. No. 16760 of 2023 was passed on 20.06.2024 but after passing of the judgment no action was taken by the authority with regard to the revising the vacancy position on the basis of reservation to be extended in favour of candidates belonging to different category in pursuance of selection undertaken in furtherance of Advertisement No. 22/2024 for nearly five months after the judgment dated 20.06.2024, as such, the petitioners had no opportunity to challenge the action of the Commission and the same came when minor corrigendum dated 13.11.2024 was issued.
19. It is submitted that the petitioners on issuance of minor corrigendum dated 13.11.2024 represented before the State Authorities vide their representation dated 13.11.2024 (Annexure-6) recording therein that reservation being extended in favour of the candidates belonging to EWS category under the aforesaid corrigendum was contrary to the provisions of law prescribing 10% reservation to EWS category which is a vertical reservation but then no action was taken and the results were published on 15.11.2024 (Annexure-7) which is also impugned in the instant writ petition and only 917 candidates belonging to EWS categories were declared qualified.
20. It is further submitted that from perusal of the Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 15/17 revised vacancy position as contained in minor corrigendum dated 13.11.2024, it would manifest that no uniform methodology or procedure has been followed in extending the benefit of reservation in favour of the candidates belonging to different categories. It is stated that out of 19842 posts of school teachers in general subject in primary schools, 7440 posts were reserved for candidates belonging to general category out of which 3716 posts were shown to be reserved for female candidates. The said action of the authorities of the State Government in extending the benefits of vertical reservation in favour of the female candidates is untenable as the same violates Articles 15 and 16 of the Constitution of India. Similarly, in BC category 2357 posts were reserved out of which 501 seats were reserved for female which is less than 20% when the horizontal reservation for women under all the categories is 35% as submitted by the learned counsel appearing on behalf of the BPSC. Further, in the EBC category 3047 posts were reserved out of which 1050 seats were reserved for female candidates. Similarly, in the SC category 4591 seats were reserved out of which 1602 seats were reserved for female candidates and in the ST category 302 seats were reserved out of which 80 seats were reserved for female candidates. Further, candidates belonging to Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 16/17 the backward class female candidates altogether 1188 seats were shown to be reserved for them out of 1984 total vacancies when reservation rules permit 3% reservation to female candidates belonging to backward class category.
21. It is next submitted that though results were published on 15.11.2024 but till filing of the writ petition, the appointment of the teachers have not been made.
22. Learned counsel appearing on behalf of the State submits that some appointments have been made but then seeks four weeks' time for filing counter affidavit. The counter affidavit shall be duly sworn by the Additional Chief Secretary- cum-Principal Secretary, Department of Education, Government of Bihar. The counter affidavit shall give parawise reply of the pleadings made in the writ application. The counter affidavit shall also clearly disclose that prior to order dated 20.06.2024 in C.W.J.C. No. 16760 of 2023 the total seats in general subject advertised was 21771 out of which nearly 2000 posts were reserved for EWS then on what basis after passing of the order dated 20.06.2024 in C.W.J.C. No. 16760 of 2023 when the vacancies were lowered down from 21771 to 19842 then why only 917 seats were allotted under the category of EWS which does not make 10% of the vacancy position. The counter Patna High Court CWJC No.19346 of 2024(2) dt.21-04-2025 17/17 affidavit shall also clearly aver that on what basis the posts of female candidates have been earmarked in all the categories. The counter affidavit shall clearly explain the difference between vertical and horizontal reservation.
23. Learned counsel appearing on behalf of the BPSC at this stage also seeks four weeks' time for filing counter affidavit.
24. The counter affidavit filed by the BPSC shall be sworn by the Secretary of the Commission and the counter affidavit shall clearly explain the issues raised in the present order apart from giving parawise reply to the pleadings made in the instant writ application.
25. It is made clear that appointments made shall be subject to the result of the writ petition.
26. Put up this case on 23.06.2025.
(Satyavrat Verma, J) Kundan/-
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