Patna High Court - Orders
Ananya Singh vs The State Of Bihar on 21 July, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11421 of 2025
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1. Ananya Singh D/o Rakesh Singh, R/o Village and P.O. Shuklapur Bhagat,
P.S. Madhoganj, District Hardoi (U.P.).
2. Maya Bharti, D/o Ramdev Ram, R/o Village Khanpur, P.O. Paligarh, P.S.
Sarailakhansi, District Mau (U.P.).
3. KM Kiran Singh, W/o Subedar Ram Kushavaha, R/o Village Nauli, P.O.
Torwan, P.S. Dhanapur, District Chandauli (U.P.).
... ... Petitioner/s
Versus
1. The State of Bihar through its 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, New Secretariat, Patna.
4. The Director (Primary Education), Govt. of Bihar, New Secretariat, Patna.
5. The District Magistrate, Aurangabad.
6. The District Education Officer, Aurangabad.
7. The District Program Officer (Establishment), Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Kumar
For the Respondent/s : Mr. Sudhanshu Shekhar, AC to SC 24
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 21-07-20251. Heard learned Counsel for the parties concerned.
2. Learned Counsel for the petitioners submits that Bihar Public Service Commission published Advertisement No. 26 of 2023 inviting applications from the eligible candidates for appointment as teacher for primary schools along with others. Clause IV(A) of the advertisement prescribes the qualification for appointment as a primary teacher. The qualification prescribed was intermediate Patna High Court CWJC No.11421 of 2025(2) dt.21-07-2025 2/5 pass along with other qualification i.e. 60 % marks in the eligibility test conducted by the CTET. It is next submitted that the Bihar Public Service Commission issued a corrigendum, dated 19.06.2023, whereby the marks obtained in the eligibility test conducted by the CTET was lowered down. The marks required in the eligibility test for BC, EBC and UR(F) category was lowered down to 55 % and for SC/ST and differently abled candidates to 50 %. It is submitted that the writ petitioners are intermediate trained candidates and have obtained more than 55% marks in CTET examination conducted by the CBSE, Delhi as would manifest from Annexure P/3 series to the writ application. It is submitted that petitioner has not got 60 % or above marks in CTET.
3. Learned Counsel for the petitioners next submits that petitioners are women, belonging to unreserved category and are resident of Uttar Pradesh and were eligible in terms of the qualification prescribed by the corrigendum issued by Bihar Public Service Commission on 19.06.2023 for participating in the selection process for being considered for appointment as primary teachers. It is submitted that the petitioners were selected and Patna High Court CWJC No.11421 of 2025(2) dt.21-07-2025 3/5 thereafter were called for counselling. The petitioners participated in the counselling and thereafter provisional appointment letters were issued on 02.11.2023 and thereafter the petitioner on 15.11.2023 were posted in different Government Schools, in the district of Aurangabad and they started discharging their duty. It is submitted that the petitioners, all of a sudden, received Letter No. 3919, dated 03.06.2024, issued by the District Programme Officer (Establishment), Aurangabad directing the petitioners to show cause as to why their services be not terminated on the ground that they do not have 60% marks in CTET and as per reservation rule, they are not entitled for relaxation of 5%, hence was not having the requisite qualification for being appointed as primary school teachers in terms of the advertisement. It is submitted that the petitioners submitted their reply, as would manifest from Annexure-12 to the writ application. It is next submitted that the District Programme Officer (Establishment), Aurangabad, by Letter No. 4093, dated 11.06.2024, terminated the services of the petitioners as primary teachers. It is further submitted that the authorities got confused with the concept of reservation Patna High Court CWJC No.11421 of 2025(2) dt.21-07-2025 4/5 and relaxation. It is next submitted that the relaxation which was given to unreserved female was meant for all the female irrespective of their origin and residence. It is further submitted that this Court, by order, dated 06.02.2025, passed in CWJC No. 18343 of 2024 (Shweta Gupta and Others v. The State of Bihar) had stayed the order contained in Memo No. 1341, dated 15.05.2024, issued by the Director, Secondary Education, Government of Bihar, whereby a direction was given to all the District Education Officers and District Programme Officers (Establishment) to take action against the candidates who were appointed/selected against the unreserved female seats/ handicapped seats and hold less than 60% marks in CTET Examination, the relaxation of 5% was not to be given to woman candidates/handicapped candidates from outside the State of Bihar. It is, thus, submitted that the present impugned order also emanates from Memo No. 1341 dated 15.05.2024 issued by the respondent no. 3.
4. Learned Counsel for the State prays for and is granted four weeks' time to file counter affidavit.
5. List this case, under the same heading, on 25th August, 2025.
Patna High Court CWJC No.11421 of 2025(2) dt.21-07-2025 5/5
6. In the meantime, the order, contained in Memo No. 4349, dated 01.07.2024 issued by the respondent no. 7 whereby provisional appointment of the petitioners as primary teacher has been cancelled, shall remain stayed until this writ application is finally adjudicated by this Court.
(Anil Kumar Sinha, J.) Prabhakar Anand/-
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