IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1987 of 2020

======================================================

1.Preeti Priya, Wife of Sri Devendra Kumar Singh, Daughter of Deo Lal

Singh, Resident of Village- Dharampura, P.O.- Dhamar, P.S.- Ara Muffasil,

District- Bhojpur- 802156 at presetn residing at House No. 422, New

Mainpura, Beside Mahindra Priyadarshani, Saguna More, P.O.- Danapur,

P.S.- Danapur, District- Patna. BSITET Roll No. - 2725118281.

2.Puja Kumari, Daughter of Ashutosh Kumar, Resident of - C/O Bhagirath

Sharma, Road No. 9 H, Chitrakut Nagar, P.O.- Digha, P.S. - Danapur,

District- Patna. BSITET Roll No.- 2529110484

3.Priyanka Kumari, Daughter of Arun Kumar Thakur, Resident of Mohalla-

Seikhpur, P.O.- Sheikhpur, P.S.- Ahiyapur, District- Muzaffarpur. BSITET

Roll No.- 2529110305

4Jai Prabhat Singh, Son of jai Prakash Singh, Resindent of Village Teghra,

P.O. - Lakhanpur, P.S.- Tarapur, District- Munger. BSITET Roll No.-

0505110475

5Sanjay Vidyarthi, Son of Suresh Jha, Ward No. 14, Village Sherpur Bahori,

P.O- Bhan Borha, P.S.- Mahua, District- Vaishali. BSITET Roll No.-

1816110183

6.Pawan Kumar, Son of Arun Kumar Singh, Resident of Village and P.O-

Jamanganj, P.S.- Makhdumpur, District- Jahanabad. BSITET Roll No.-

3405110097

7.Mukesh Vishwakarma, Son of Gopal Vishwakarma, Resident of Village and

P.O. - Baraon, P.S.- Piro, District- Bhojpur, BSITET Roll No.- 2711110129

8.Sony Kumari, Daughter of Rajendra Prasad Sahu, Wife of Suman Kumar,

Resident of Masjid Chowk, Ward No. 13, P.O. and P.S. and District-

Madhepura. BSITET Roll No.- 1309110011

9.Anuj Kumar Sharma, Son of Chitnarain Sharma, Resident of Village

Panapur, Bateshwarnath, P.O.- Dhandhua, P.S.- Jandaha, District- Vaishali.

BSITET Roll No.- 1802110104

10.Jaipal Kumar, Son of Kailash Prasad Yadav, Resident of Village- Badi

Yusufpur, P.O. - Hajipur, P.S.- Industrial Area, Hajipur, District- Vaishali.

BSITET Roll No.- 1804110306

11.Kumari Neha, Daughter of Devesh Chandra Pandey, Resident of Near N.H.

28, P.O. Mathiya Zirat, P.S.- Chatauni, Motihari, District- East Champaran.

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BSITET Roll No.- 2003110831

12.Laxmi Narayan, Son of Rajendra Prasad, Resident of Maruti Nagar,

Chiriyatand, P.O. GPO, P.S.- Jakkanpur, District- Patna. BSITET Roll No.-

2515110094

13.Manoj Kumar Singh, Son of Ram Bilas Singh, Resident of Chhat Talab,

P.O.- Mainatand, P.S.- Dhasar, District- Dhanbad. BSITET Roll No.-

2607110016

14.Sunil Kumar Paswan, Son of Bharat Lal Paswan, Resident of Mauzmabad,

P.O.- Narayanpur, P.S.- Bihpur, District- Bhagalpur. BSITET Roll No.-

1131110100

15.Archana Kumari, daughter of Raghubansh Singh, Wife of Om Prakash

Kumar, Resident of Uppar Dhaura, P.O.- Jawaharnagar, P.S.- Bicha, District-

Ramgarh. BSITET Roll No.-3301110973

16.Niwash Kumar Verma, Son of Sidheshwar Prasad, Resident of Gosai Bigha,

P.O.- Bhanail, P.S.- Akbarpur, District- Nawada. BSITET Roll No.-

3207110234

17.Aruna Priya, Daughter of Vijay Krishna Prasad Verma, Wife of Sanjay

Kumar, Resident of Rajendra Sarovar, P.O.and P.S.- Chapra, District- Saran,

BSITET Roll No.- 3632118047

18.Nitesh Kumar, Son of M.P. Choudhari, Resident of Ward No. 14, P.O.

Jahangira, P.S. and District - Khagaria. BSITET Roll No.- 0905110120

19.Shailesh Kumar, Son of K.N.Mandal, Resident of Binodpur Power House

Road, P.O. and P.S. and District- Katihar. BSITET Roll No.-0412110467

20.Chandan Kumari, Daughter of Ramanath Jha, Resident of Dalan, Rampur

Hasanganj, P.O. P.S. and District- Katihar. BSITET Roll No.- 0403110334

21.Deepak Kumar, Son of Anil Paswan, Resident of Village and P.O. - Kaithi,

P.S.- Chautham, District- Khagaria. BSITET Roll No.- 0902110180

22.Farzana Praveen, Daughter of S.M. Ghayasuddin, Wife of Imteyaz Ahmad,

Resident of Ward no. 5, P.O. and P.S.- Laheria Sarai, District- Darbhanga.

BSITET Roll No.- 1702110251

23.Maharana Pratap, Son of Bhola Prasad Bhagat, Resident of Adarsh Nagar

Fulkiya, P.O. and P.S.- Ghogha, District- Bhagalpur. BSITET Roll No.-

1112110204

24.Pramod Kumar, Son of Siyasharan Prasad, Resident of Village Mandilpur,

P.O. and P.S.- Rahui, District- Nalanda. BSITET Roll No.- 2609110524

25.Chandan Kumar Bharti, Son of Binod Kumar Bajapeyee, Resident of P.O.-

Jhakhara, P.S.- Sarairanjan, District- Samastipur, BSITET Roll No.-

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2419118542

26.Kamlesh Kumar Dheraj, Son of Ram Bhajan Thakur, Resident of Nauhatta,

P.O.- Paroriya, P.S.- Warish Nagar, District- Samastipur. BSITET Roll No.-

2419118874

27.Raj Kumar Chaudhary, Son of Ramanand Chaudhary, Resident of P.O. -

Lagunia Raghukanth, P.S. and District- Samastipur. BSITET Roll No.-

2411110477

28.Prasun Kumar Rajhans, Son of P.K.Rajhans, Village Chanderi, P.O. and P.S.-

Sabour, District- Bhagalpur, BSITET Roll No.- 1120110080

29.Chandra Nandan Kumar, Son of Chandrika Yadav, Resident of P.O. - Barah,

P.S.- Harnaut, District- Nalanda. BSITET Roll No.- 2506110481

30.Suresh Kumar Nag, Son of P.C. Nag, Village Radha Nagar, P.O. and P.S.-

Katoria, District- banka. BSITET Roll No.- 1209110679

31.Jyoti Kumar, Son of Chandeshwar Sharma, Resident of Village Vikram

Kaituka, P.O.- Nandan Kaituka, P.S.- Maker, Chapra, District- Saran.

BSITET Roll No.- 3609110096

32.Raushan Kumar Sharma, Son of Chandeshwar Sharma, Resident of Village

Vikram Kaituka, P.O.- Nandan Kaituka, P.S.- Maker, Chapra, District- Saran

BSITET Roll No.- 3617110090.

33.Madhuranjan Kumar, Son of Ghoshpal Prasad, Resident of Yadurampur,

P.O.- Masti chak, P.S.- Dariyapur, Chapra, District Saran. BSITET Roll No.-

3610110271

34.Raghunandan Kumar, Son of Bhabat Mandal, Resident of Ward No. 2, P.O.-

Babhani, P.S.- Gamharia, District- Madhepura. BSITET Roll No.-

1505110053

35.Deepak Kumar, Son of Ravindra Singh, Resident of Ujjainpatti, P.O. and

P.S. Kinjer, District- Arwal. BSITET Roll No. 2506110719

36.Sonu Kumar, Son of Yogeshwar Mahto, Resident of P.O.- Bishaul, P.S.-

Harlakhi, District- Madhubani. BSITET Roll No.- 2549110200

37.Raj Kumar Gupta, Son of S.S. Gupta, Resident of Ward No. 9, Daulatganj,

P.O. and P.S.- Bhagawan Bazar, District- Saran. BSITET Roll No.-

3602115319

38.Binod Kumar Yadav, Son of Chandrika Yadav, Resident of Parsa Amarda,

P.O.- Sadhwarah, P.S.- Isuapur, District- Saran. BSITET Roll No.-

3625118580

39.Amit Kumar, Son of Anant Kumar, Resident of ward No. 13, P.O.- Narhan,

P.S.- Bibhutipur, District- Samastipur. BSITET Roll No.- 2402110009

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40.Ranjeet Kumar, Son of Vishwanath Thakur, Resident of Kamalpur, P.O. and

P.S.- Pandaul, District- Madhubani, BSITET Roll No.- 2311110295

41.Raushan Kumar Raman, Son of Lekhnarayan Prasad Yadav, Resident of At

P.O. Shripur, P.S. and District- Madhepura. BSITET Roll No.- 1505110568

42.Aaditya Kumar Srivastava, Son of Ravindra Nath, Resident of Near Masjid,

P.O.- Laxmi Sagar, Saidpur P.S.- LNMU Campus, District- Darbhanga.

BSITET Roll No.- 2219118001

43.Arvind Kumar, Son of Shankar Prasad Mahto, Resident of ward No. 9, P.O. -

Ashogi, P.S.- Bairgania, District- Sitamarhi. BSITET Roll No.- 1711118017

44.Prabhat Kumar, Son of Upendra Pandey, Resident of Village and P.O.-

Marai, P.S.- Jandaha, District- Vaishali. BSITET Roll No.- 1812110372

... ... Petitioner/s

Versus

1.The State of Bihar the Chief Secretary Government of Bihar New Secretariat

Patna.

2.The Chief Secretary Government of Bihar New Secretariat Patna

3.The Principal Secretary, Human Resource Department, New Secretariat,

Patna Bihar

4.The Principal Secretary, Department of Education, Government of Bihar

Patna.

5.The Director, Secondary Education, Government of Bihar Patna New

Secretariat, Patna

6.The Director, Senior Secondary Education, Government of Bihar Patna New

Secretariat, Patna

7.The Bihar School Examination Board through its Chairman, Patna

8.The Chairman, Bihar School Examination Board,

9.The National Council for Teacher Education, through its Chairperson, New

Delhi

10.The Chairperson, The National Council for Teacher Education, New Delhi

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 2133 of 2020

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Prashant Shekhar Son of Ram Naresh Sharma Resident of Village- Nagwa

Parsa, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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1.The State of Bihar through the Principal Secretary, Department of

Education, Govt. of Bihar, Patna.

2.The Under Secretary, Department of Education, Govt. of Bihar, Patna.

3.The Director, Primary Education, Govt. of Bihar, Patna.

4.The Bihar School Examination Board through its Chairman, Fraser Road,

Patna.

5.The Secretary, Bihar School Examination Board, Fraser Road, Patna.

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 5569 of 2020

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1.Niranjan Kumar S/o Yogendra Singh R/o- Sidheshwar Nagar, House no.

180, P.o.- GPO, P.s.- Patliputra, District- Patna, BSITET Roll No.

2502115202

2.Gunjan Kumar S/o sri Shatrughan Prasad Singh, R/o- Tarbanna, Ward no.

34, P.o.- Begusarai, P.s.- Nagar Thana Begusarai, District- Begusarai,

BSITET Roll No. 1018118155

3.Bishnu Mukhiya S/o Madhuri Mukhiya R/o- at Lohna East, P.s.- Lonha

Road, P.s.- Bhairavasthan, District- Madhubani, BSITET Roll No.

2301115195

4.Husain Tabish S/o Mohazir Hussain R/o- Ward no. 1, Balbhadhrapur Goh ,

P.o.- Gowpur, P.s.- Ujjiarpur, Dist.- Samastipur, BSITET Roll No.

2405110220

5.Ratnesh Kumar Dwivedy s/o Om Prakash Dwivedy R/o- Shivrajpur, Ward

no. 1, P.s.- Nautan, District- West Champaran, BSITET Roll No.

1917118535

6.Akhilesh Kumar s/o Ram Lakhan Singh, R/o- Ward no. 4, Kheshrahi,

Raghunathpur, P.o.- Khesharahi, District- Vaishali, BSITET Roll No.

18101110367

7.Vijay Kumar S/o Sukhdeo Mandal R/o- at and P.o.- Marar, P.s.- Morkahi,

District- Khagaria, BSITET Roll No. 0910110580

8.Prabritika Kumari W/o Priyabrat Narayan Yadav, R/o- at barahi, P.o.-

Anandpura, P.s.- Udakishunganj, District- Madhepura, BSITET Roll No.

150811868

... ... Petitioner/s

Versus

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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1.The State of Bihar through the Chief Secretary, Government of Bihar, New

Secretariat, Patna

2.The Principal Secretary, Department of Education, Government of Bihar,

Patna

3.The Director, Secondary Education, Government of Bihar, Patna, New

Secretariat, Patna

4.The Director, Senior Secondary Education, Government of Bihar, Patna,

New Secretariat, Patna

5.The Bihar School Examination Board through its Chairman, Patna

6.The Chairman, Bihar School Examination Board, Patna

7.The National Council for Teacher Education, through its Chairperson, New

Delhi

8.The Chairperson, The National Council for Teacher Education, New Delhi

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 5995 of 2020

======================================================

1.Sunil Kumar Sharma, S/O- Ramesh Sharma, R/O- At and P.O.- Lagumiya

Surya Kant, P.S. and District - Samastipur - 848101 BSITET Roll No.

2417110030.

2.Vibha Kumari, D/O- Shashi Kant Pandey, R/o- Muhalla - Sahebganj,

Butainbari, P.O.- Chapra, P.S. Chapra Town, District- Saran. BSITET Roll

No. 3630118314.

3.Abha Kumari, D/o- Paras Nath Hazra, R/O- At- Chandmari Ekouna

motihari, Near SNAITI, Ward no. 26, P.O. - Motihari, P.S. - Town Thana,

District East Champran - 845401, BSITET Roll No. 2001110032.

4.Renu Kumari, D/O Shayam Babu Gupta, R/O- At Aamrapati Net Point,

Chiraiyatand, Nala Road, P.O. - G.P.O., P.S.- Cankarbagh, District- Patna.

STET Roll No. - 2537110088.

5.Pritam Shree, D/O- Kamleshwari Purbey, r/O- At Ward No. 07, Kalawati

Nagar, P.O. - Meriganj, P.S.- Ranigang, District- Araria- 854334 BSITET

Roll No. 0210110001.

6.Suprabhat Kumar, S/O- Ram Chandra Yadav, R/O - At - Ghoshi Tola, P.O.-

Munger, P.S.- Kotwali, District- Munger- 811201, BSITET Roll No.

0515110247.

7.Jayant Kumar, S/o - Jai Narayan Prasad, R/O- At- Shermari Bazar, P.O. and

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P.S. - Pinpiati, District- Bhagalpur- 813209 BSITET Roll No. 1135118290.

8.Shyam Kumar, S/O- Dindayal Prasad, R/O- At- Sandha Khemaji Tola, P.O.-

Sandha, P.S.- Muffesil, District- Saran 841301, BSITET Roll No.

3621110370.

9.Vijay Kumar, S/O- Arjun Thathera, R/O- At and P.O.- Chakway, P.S.-

Warisaliganj, District Nawada- 805130, BSITET Roll No. 3214110106.

10.Md. Saguib Rabbani, S/o- Nasim Akhter, R/o- vill - Guch Laxmipur, P.O.-

Doria Sonapur, P.S.- Simraha, District- Araria- 854311, BSITET Roll No.

2568118740.

11.Alok Kumar Pandey, S/o Rajendra Pandey, R/O- Vill and P.O. - Badka

Gaon, P.S.- Mirganj, District- Gopalganj- 841436, BSITET Roll No.

3809118097.

12.Pragas Kumar, S/O- Lildhari Prasad, R/O village - Pitokhari, P.O.- Rukhai,

P.S. - Chandi, District - Nalanda BSITET Roll No. 2609110456.

13.Ajit Kumar Yadav, S/O- Jaleshwar Prasad, R/O- Vill- Ramjanipur, Vaya-

Shivnarayanpur, P.S.- Kalgi Ganj, District- Bhagalpur - 813203, BSITET

Roll No. 1133118123.

14.Amar Kumar, S/O Ravi Nandan Singh, R/o At- Shivnagar Fardogola, P.O.-

Muzaffarpur, P.S.- Sadar Bhagawanpur, District- Muzaffarpur, Pin- 842001,

BSITET Roll No. 1601110533.

15.Krishna Prasad, S/O- Bhola Prasad, R/O- vill - Hamid Nagar, P.O. and P.S.-

Baghoi, District- Aurangabad, BSITET Roll No. 3105118045.

16.Naval Krishna, S/O- Krishna Sah, R/O- Muhalla - Chunabhatti, P.O.- Laxmi

Sagar, P.S.- L.N.M.U Darbhanga - 846009 BSITET Roll No. 2209110201.

17.Congress Kumar, S/o Javahar Prasad, R/o village - Pitokhari P.O. - Rukhai,

P.S.- Chandi, District- Nalanda, Pin Code- 803108 BSTET Roll No.

2603110417.

18.Robin Kumar, S/o Suresh Kumar Singh, R/o village - Near Vedanta Hospital

Chanakya Nagar, Kumhrar, P.O. - B.H. Colony, P.S.- Agamkuan, Dist- Patna

Pin Code- 800026. BSTET Roll No. 2538110169.

19.Sanjay Kumar Singh, S/o Nageshwar Mandal, R/o at Tale Tola Khuthari,

P.O.- Lalapur, Bhader, P.S.- Kahalgaon, District- Bhagalpur, Pin Code -

813203, BSTET Roll No. 1140118081.

20.Amar Kumar Kamat, S/o Ram Prasad Kamat, R/o village - Devnathpatti,

P.O. - Hatni, P.S.- Ghoghardiha, District- Madhubani, Pin code - 847402,

BSTET Roll No. 2317118098.

21.Rajeev Kumar, S/o Umesh Rai, R/o village and P.O.- Sultanpur, P.S.- Derni,

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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District- Saran (Chapra), Pin Code- 841202. BSTET Roll No. 3628118566.

22.Abhimanyu Kumar, S/o Binod Prasad, R/o village - Jagdishpur Kushahi,

P.O.- Mahamadpur Balmi, P.S.- Motipur, District- Muzaffarpur, Pin Code -

843111. BSTET Roll No. 1623118039.

23.Julee Kumari, D/o Vishwanath Prasad, R/o village and P.O. - Raghopur

Bakhari, P.S. and District- Sitamarhi, BSTET Roll No. 1701115124.

24.Manish Kumar, S/o Vijay Kumar Singh, R/o village - Makhdumpur, P.O. -

Parthu, P.S.- Ekangarsarai, Pin Code - 301301 BSTET Roll No.

2516110065.

... ... Petitioner/s

Versus

1.State of Bihar, through the Chief Secretary Government of Bihar New

Secretariat Patna.

2.The principal Secretary, Department of Education, Government of Bihar

Patna.

3.The Director, Secondary Education, Government of Bihar Patna New

Secretariat, Patna.

4.The Director, Senior Secondary Education, Government of Bihar Patna New

Secretariat, Patna.

5.The Bihar School Examination Board through its Chairman, Patna.

6.The Chairman, Bihar School Examination Board, Patna.

7.The National Council for Teacher Education, through its Chairperson, New

Delhi.

8.The Chairperson, The National Council for Teacher Education, New Delhi.

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 6760 of 2020

======================================================

1.Rakesh Kumar Son of Rajdeo Singh Resident of Mohalla-Near Devi Asthan

Laljee Tola, P.S.-Gandhi Maidan, P.O.-GOP, District-Patna.

2.Abhay Kumar Son of Punit Raut, Resident of Village-Bakra, P.S.-Bind, P.O.-

Bakra, District-Nalanda.

3.Rupesh Kumar Son of Ramnandan Prasad Resident of Village-Tetrawan,

P.S.-Manpur, District- Nalanda.

4.Amit Kumar, Son of Binod Kumar Singh Resident of Village

Sarvodyanagar, Mirjapur Bandwar, P.S.-Mirzapur,P.O.-Sarvodaya Nagar,

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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District-Begusarai.

5.Aditya Narayan Pandey Son of --- Resident of Village-Barhi, P.S.-Barhi,

P.O.-Dhanarua, District-Patna.

6.Ravi Ranjan Kumar Son of Ramish Sharma Resident of Village-Dosut, P.S.-

Warisaliganj, P.O.-Dosut, District-Nawada.

7.Phool Chandra Gupta, Son of Satya Narayan Prasad , Resident of -Ward

number22, Gola Road, P.S.-Nagar, P.O.-Begusarai, District-Begusarai.

8.Niranjan Gandhi Son of Daya Shankar Prasad Resident of Village-Kumbi,

P.S.-Cheriabariatpur, P.O.-Kumbhi, District-Begusarai

9.Rajnish Kumar Sinha Son of Pramod Kumar Sinha, Resident of Mohalla-Sai

Dham, Rajiv Nagar, Road no 24 P.S. and P.O. and District-Patna.

10.Shishupal Kumar, Son of Ram Nandan Singh Resident of Village-Sikandra,

P.S.-Sikandra, P.O.-Sikandra, District-Jamui.

11.Bhola Kumar Son of Surendra KUmar Singh Resident of Village-Dabil, P.S.-

Khaira, P.O.-Dabil, Disrict-Jamui.

12.Dharmendra Kumar, Son of Budha Mandal Resident of Lakhanpur, P.S.-

Gopalpur, P.O.-Gopalpur, District-Jamui.

13.Jitendra Kumar Roy, Son of Shyam Sundar Roy, Resident of Village-Sirman

Dih, P.S. and P.O.-Saraswati Batwar Tolam, Siram Dih, District-Jamui.

14.Sima Kumari Wife of Navin Kumar Resident of Village-NayaGaon, P.S.-

Gidhor, P.O.-Naya Gaon, District-Jamui.

15.Sujata Suman Daughter of Raj Narayan Shukla, Resident of Village-Shukla

Hotel Chakai More, P.S. and P.O.-Chakai, District-Jamui.

16.Chandra Kant Singh Son of Bhola Prasad Singh Resident of Village-

Ratanpur, P.S.-Gidhor, P.O.-Ratanpur, District-Jamui.

17.Sanjay Kumar Son of Nageshwar Prasad Singh, Resident of Village-Chandra

Chak, P.S.-Nimchak Bathani, P.O.-Telari, District-Gaya.

18.Vikas Kumar Son of Late Chakradhar Prasad Singh Resident of Mohalla

Naya Tola Mahisouri, P.S. and P.O. and District-Jamui.

19.Shashi Bhushan Kumar Sah Son of Mahadeo Sah Resident of Village-

Nardih, P.S.-Jamui, District-Jamui.

20.Jitendra Kumar Dubey Son of Abhimanu Dubey, Resident of Village-

Sikhriya, P.S.-Jamui, P.O.-Sanpe, Distrit-Jamui.

21.Vikash Kumar Son of Rajendra Mandal Resident of Village-Tetariya, P.S.-

Khaira, P.O.-Nariyana, Disrtrict-Jamui.

22.Shobha Kumari Daughter of Rajendra Mandal Resident of Village-Tri Dabil,

P.S. and P.O.-Dabil, District-Jamui.

23.Narendra Kumar Mishra Resident of Basudeo Mishra, P.S.-Khaira, P.O.-

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Chuan, District-jamui.

24.Diwakar Kumar Ram Son of Bhagwan Ram Resident of Village- Kolhua,

P.S.-Khaira, P.O.-Banpur, District-Jamui.

25.Anuj Kumar Son of Avadh Kishor Singh Resident of Village-Dhobghat, P.S.

and P.O.-Gidhaur, District-Jamui.

26.Manish Kumar Son of Shyam Bihari Prasad Resident of Village-Sarvoday

Nagar Guruaa, P.S.-Guraiya, P.O.-Guruaa, District-Gaya.

27.Punam Kumari Daughter of Janki Nandan Prasad, Resident of Village-

Kurmawa, P.S. and P.S.-Kurmawa, District-Gaya.

28.Priyanka Kumari Daughter of Raghunandan Prasad Resident of Village-

Nauranga, P.S. and P.O.-Islampur, Disrict-Nalanda.

29.Pappu Kumar Son of Devendra Prasad Yadav, Resident of Village-Birampur,

P.S.-Harnaut, P.O.-Lohara, District-Nalanda.

30.Sanjay Kumar Son of Sadan Prasad Resident of Mohalla-Bhainsaur, P.S.

Laheti, P.O.-Bihar Sharif, District-Nalanda.

31.Akshay Kumar Son of Sitaram Prasad Resident of Village-Paingari P.S.-

Warisaliganj, P.O.Paingari, District-Nawada.

32.Dharmvir Kumar Son of Balmukund Yadav Resident of Village-Meyar, P.S.-

Noorsarai, P.O.-Kairi Meyar, District-Nalanda.

33.Abhay Kumar Vidyarthi Son of Yogeshwar Prasad, Resident of Village-

Kurmawan, P.S.-Cherki, P.O.-Kurmawan, District-Gaya.

34.Kumar Ajay Son of Ramjee Prasad Resident of Mohalla-Umesh Chandra

Sarkar Road Pita Maheshwar, P.S.-Civil line, P.O.-Head Post Office,

District-Gaya.

35.Avinash Kumar Son of Nand Kishor Singh, Resident of Village-Ghanshyam

Bigha, P.S.-Makhdumpur, P.O.-Birra, District-Jehanabad.

36.Kaudhal Kishor Son of Sunil Kumar Resident of Village-Janakpur, P.S.-

Muffasil, P.O.-Buniyadganj, District-Gaya.

37.Manish Kumar Son of Baleshwar Prasad Singh Resident of Village-Sripur,

P.S.-Belaganj, P.O.-Sripur, District-Gaya.

38.Akhilesh Kumar Son of Surendra Prasad Singh Resident of Village-

Kosdihra, P.S.-Sandesh, P.O.-Pawar, District-Bhojpur.

39.Abhishek Kumar Sono f Indu Shekhar Singh Resident of Village-Birpur

Thana Road Ward No.4, P.S.-Birpur, P.O.-Birpur, District-Supaul.

40.Shveta Kumari Daughter of Ramashish Singh Resident of Village-Birna, P.S.

and P.O.-Sikathi, District-Buxar.

41.Subodh Kumar Son of Dinesh Sinhg, Resident of Village-Kurdheta PS-

Pakaribarwan, P.O.-Simeriya, District-Nawada.

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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42.Kumari Sweta, Daughter of Rajendra Singh Resident of Village-

Mohaddiganj, P.S. and P.O. Sasaram, District-Sasaram.

43.Santosh Kumar Gupta Son of Lakhan Lal Gupta, Resident of Villge-Ganjpar,

P.S.and P.O.-Barbigha, District-Shekhpura.

44.Pradeep Kumar, Son of Jageshwar Prasad, Resident of Village-Jagdishpur,

P.S.Nalanda,P.O.Nirpur, District-Nalanda.

45.Priyanka Kumari Daughter of Nagendra Prasad Resident of Village-

Lagunaha, P.S.-Chautarna, P.O.-Lagunaha, District-West Champaran.

46.Sanjay Kumar Pandey, Son of Mithilesh Pandey, Resident of Village-

Uttarnawan, P.S.-Rahui, P.O.-Uttarnawan, District-Nalanda.

47.Munna Kumar Singh Son of Triloki Singh Resident of Village-Barkagaon,

P.S.-Tarari, P.O.-Barkagaon, District-Bhojpur.

48.Vijay Kumar Son of Arjun Mehto, Resident of Dhira, P.S.-Halsi, P.O.-Dhira,

District-Lakhisarai.

49.Shivdatt Kumar Pal, Son of Shashi Kumar Pal, Resident of Village-Namand,

P.S.-Sialo, P.O.-Namand, District-Nalanda.

50.Arun Kumar Singh Son of Late Rameshwar Prasad Singh Resident of

Village-Bhadas Utri Ward number 9, P.S.-Muffasil, P.O.-Bhadas, District-

Khagariya.

51.Jitendra Kumar Sharma Son of Naryan Sharma Resident of Village-Balaur,

P.S. and P.O.-Rasauk, District-Khargaria.

52.Birju Kumar Son of Nand Kumar Prasad Resident of Village-Mala

Chakaryapath, P.S. and P.O.-Jehanabad, District-Jehanabad.

53.Amit KUmar Son of Rajendra Singh Resident of Village-Unta Madarpur,

P.S. and P.O. and District-Jehanabad.

54.Brajendra Kumar, Son of Ram Prasad Pandit, Resident of Village-

Jolahbigha, P.S.-Parasbigha, P.O.-Sakurabad, District-Jehanabad.

55.Brajesh Kumar Singh Son of Brij Kishor Singh Resident of Village-

Maksudpur Karariya, P.S.-Shyampur Bhathan, P.O.-Maksudpur Karariya,

District-Sheohar.

56.Nitesh Kumar Son of Ramdeo Sah Resident of Village-Ghachhi Tola Power

House road, Ward Number 32, P.S. and P.O. and District-Begusarai.

57.Rajendra Mahto Son of Narayan Mahto Resident of Village-Masarh, P.S.-

Udwant Nagar,P.O.-Masarh, District-Bhojpur.

58.Mithilesh Kumar Son of Bhuvaneshwari Mehta Resident of Village-Ward

number 11, Jiwachpur, P.S. and P.O.-Tikajiwachpur, District-Madhepura.

59.Santosh Kumar Saon of Chandra Deo Prasad, Resident of Village-Amakuan,

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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P.S.-Tikari, P.O.-bara, District-Gaya.

60.Hari Krishna Kumar, Son of Janardan Prasad, Resident of Village-Rais, P.S.-

NTPC Barh, P.O.-Bhagwatipur Karmour, District-Patna.

61.Dheeraj Kumar Singh Son of Ranjeet Prasad Singh Resident of Mohalla-

Nayatola Mahisauri by Pass road, South of LIC Office, P.S. and P.O. and

District-Jamui.

62.Kumar Sudhanshu, Son of Gajadhar Prasad Resident of Village-Darsanda,

P.S. and P.O.-Sikandra, District-Jamui.

63.Bibhuti Kumar Singh Son of Manohar Singh, P.S.-Gidhaur, P.O.-Gidhaur,

District-Jamui.

64.Sandeep Kumar Son of Raghunandan Prasad Resident of Village-Lahasi

Bigha, P.S.-Aungari Dham, P.O.-Bisai Bigha, District-Nalanda.

65.Ratnmeshwar Rajhans, Son of Shiv Shankar Rajhans, Resident of Village-

Kumardih, P.S.-Khaira, P.O.-Banpur Gidhaur, District-Jamui.

66.Md. Akhlaque, Son of Abdul Subhan, Resident of Village-Khajanpura, P.S.-

Patepur, P.O.-Bariyarpur, District-Vaishali.

67.Ranjeet Kumar Son of BHla Mahto, Resident of Village-Machhahi,P.S.-

Sakra, P.O.-Machhahi, District-Muzaffarpur.

68.Sanjeev Kumar Son of Sarwan Mishra Resident of Village-Barma thaman

Bigha, District-Gaya.

69.Ratan KUmar Mandal Son of Shivnarayan Mandal Resident of -Sakraili,

P.S.-Danokhora, P.O.-Bijaili, District-Katihar.

70.Niraj Kumar Singh Son of Krishna Kumar Singh Resident of Ward no. 22,

Durgasthan Colony no.1, P.S.-Kathihar, P.O.Kathihar, District-Katihar.

71.Vijay KUmar Son of Ramlagan Mahto, Resident of Ward No.4, Teja Tola,

P.S. and P.O. and District-Katihar.

72.Rajesh Kumar Son of Subhash Bhagat, Resident of Village-Lahasha, P.S.-

Manshahi, P.O.-Kuretha, District-Katihar.

73.Kailash Kumar Mandal Son of Mahrndra Mandal, Resident of Village-

Khaira, P.S.-Muffasilkathihar, P.O.-Danokhora, District-Katihar.

74.Ajay KUmar Son of Yogendra Prasad Tiwari Resident of Village-Jhanjhara,

P.S.-Pasraha, P.O.-Jhanjhara, District-Khagaria.

75.Suman Kumar Son of Indradeo Singh Resident of Banmankhi, P.S.-

Banmankhi, P.O.-Kajhi, District-Purnea.

76.Swadesh Suman Son of Devnarayan Yadav Resident of Village-Ramnagar

Sarwasa, P.S.-Muffasil Katihar, P.O.-Belwa, District-Katihar.

77.Toshu Kumari Daughter of Pramod Kumar Resident of Dhanesar Ghat, P.S.-

Biharsarif, P.O.-Biharsarif, District-Nalanda.

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78.Niranajn Kumar Son of Ashok Kumar Singh Resident of Babuganj, P.S.-

Rafiganj, P.O.-Rafiganj, District-Aurangabad.

79.Chunchun Kumar Son of Ramswarup Singh Resident of Village-Gurmha,

P.S.-Muffasil, P.O.-Sadipur, District-Hawada.

... ... Petitioner/s

Versus

1.The State of Bihar thriough its Principal Secretary, Government of Bihar,

Patna.

2.The Aditional Secretary, Education Department, Government of Bihar.

3.The Bihar School Examination Board, Patna, Bihar.

4.The Examination Controller, Bihar School Examination Board, Patna.

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 7645 of 2020

======================================================

1.Ranjit Kumar Raini Son of Suresh Khan Village- Sahuria, P.S.- Janki Nagar,

District- Purnea, BSITET Roll No. 0110110466

2.Alok Kumar Chandan Son of Mahadeo Jha Village- Mahinathpur, P.S.-

Basopatti, District- Madhubani, BSITET Roll No. 1701110236

3.Rakesh Kumar Son of Ram Kripal Sah Village- Panchtaki Jadu-14,

Panchtaki, P.S.- Bairgania, District- Sitamarhi, BSITET Roll No.

1712118206

4.Sudhansu Kumar Son of Krishna Kumar Village- Sakh Mohan, P.S.-

Bibhutipur, District- Samastipur, BSITET Roll No. 2416110979

5.Rajesh Ram Son of Rambilas Ram Village- Bariarpur (West) Ward No. 3,

Khodawandpur, District- Begusarai, BSITET Roll No. 1012110077

6.Rajesh Kumar Son of Rameshwar Mahto Village- Bhuswar, P.S.- Bibhutipur,

District- Samastipur, BSITET Roll No. 2411110798

... ... Petitioner/s

Versus

1.The State of Bihar Bihar.

2.The Chief Secretary Govt. of Bihar, New Secretariat, Patna.

3.The Principal Secretary Human Resources Department, New Secretariat,

Patna.

4.The Principal Secretary Department of Education, New Secretariat, Patna.

5.The Director Secondary Education, Government of Bihar, Patna, New

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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Secretariat, Patna.

6.The Director Senior Secondary Education, Govt. of Bihar, Patna, New

Secretariat, Patna.

7.The Bihar School Examination Board Through its Chairman.

8.The Chairman Bihar School Examination Board, Patna.

9.The Deputy Secretary Education Department, Bihar, Patna.

... ... Respondent/s

======================================================

with

Civil Writ Jurisdiction Case No. 8108 of 2020

======================================================

1.Bibekanand Kumar Son of Khagendra Yadav Resident of Village-

Laxminiya, P.s.-Triveniganj, P.O.-Daparkha. District-Supaul.

2.Rajesh Kumar Son of Mahendra Sahu Resident of Village-Ram Nagar, P.S.-

Bhapityahi, P.O.-Shahpur, District-Supaul.

3.Sanjeev Kumar Son of Hriday Narayan Yadav, Resident of Village-

Daparkha, P.S.-Triveniganj, P.O.-Daparkha,District-Supaul.

4.Jai Praash Bharti, Sono f Ram Vatar Yadav, Resident of Village-Ladugarh,

P.S.-Jankinagar, P.O.-Ladugarh, District-Purnea.

... ... Petitioner/s

Versus

1.The State of Bihar through its Principal Secretary, Government of Bihar,

Patna.

2.The Additional Secretary, Education Department, Government of Bihar.

3.The Bihar School Examination Board, Patna. Bihar.

4.The Examination Controller, Bihar School Examination Board, Patna.

... ... Respondent/s

======================================================

Appearance :

(In Civil Writ Jurisdiction Case No. 1987 of 2020)

For the Petitioner/s: Mr.Sanjeev Kumar Mishra

For the Respondent/s: Mr. Hitesh Suman

For Interveners : Ms. Ritiaka Rani

For the NCTE : Mr. Sunil Kumar Singh

(In Civil Writ Jurisdiction Case No. 2133 of 2020)

For the Petitioner/s: Mr.Shashank Chandra

For the Respondent/s: Mr.Smt.Shilpa Singh (Ga12)

(In Civil Writ Jurisdiction Case No. 5569 of 2020)

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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For the Petitioner/s: Mr.Shashi Shekhar Tiwary

For the Respondent/s: Mr.Subhash Chandra Mishra (Sc16)

For the NCTE : Mr. Sunil Kumar Singh

(In Civil Writ Jurisdiction Case No. 5995 of 2020)

For the Petitioner/s: Mr. Shashank Chandra

For the Respondent/s: Mr.Ashutosh Ranjan Pandey (Aag15)

For the NCTE : Mr. Sunil Kumar Singh

(In Civil Writ Jurisdiction Case No. 6760 of 2020)

For the Petitioner/s: Mr.Ritika Rani

For the Respondent/s: Mr Subash Chandra Mishra, (SC -16)

For the B.S.E.B. : Sunil Kumar Mandal

(In Civil Writ Jurisdiction Case No. 7645 of 2020)

For the Petitioner/s: Mr.Nagendra Kumar Singh

For the Respondent/s: Mr.Umesh Narayan Dubey, AC to G.P. 27

For the B.S.E.B. : Mr. Gyan Shankar

(In Civil Writ Jurisdiction Case No. 8108 of 2020)

For the Petitioner/s: Mr.Ritika Rani

For the Respondent/s: Mr.Umesh Narayan Dubey, AC to G.P. 27

For the B.S.E.B. : Mr. Gyan Shankar

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

C.A.V. JUDGMENT

Date : 09.02.2022

All these writ petitions have been heard together

and a composite order is being passed.

2. The petitioners in C.W.J.C. No. 1987/2020

(Preeti Priya and 120 others) had initially challenged the

letter contained in memo no. 2381 dated 27.12.2019 issued

under the signature of the Director, Secondary Education,

Department of Education, Govt. of Bihar which inter alia

directed all the then Executive Officers -cum-Deputy

Development Commissioners and other authorities for not

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considering the persons for appointment as secondary and

senior secondary school teachers who have not passed

/obtained the B.Ed. Degree within five years of the

publication of result of secondary / senior secondary

teachers eligibility test 2011 (hereinafter referred to as

‘BSTIET’) conducted by the Bihar School Examination Board

(hereinafter referred to as ‘Board’) for the reason that the

guidelines of BSITET, 2011 clearly stipulated that a person

would become eligible for such employment only when one

year B.Ed. degree is obtained within five years of BSITET,

2011 result.

3.During the pendency of these writ

applications, the grievance of some of the pettiioners was

redressed by way of a Govt. circular allowing such

candidates to be considered who had obtained their B.Ed.

degree after obtaining their admission in B.Ed. course in

2016-18 session.

4.The learned counsel for the petitioners

informed this Court that the grievance of 77 petitioners of

C.W.J.C. No. 1987 of 2020 having been redressed, they

would not like to pursue this petition.

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5.This Court vide order dated 5.10.2020

allowed one week time to the petitioners to file appropriate

affidavit for withdrawal of the writ application on behalf of

those whose grievance had been redressed.

6.Pursuant to the aforesaid order, an

Interlocutory Application No. 5 of 2021 was filed. The

aforesaid I.A. application though was not specifically allowed

but it would be deemed that the application of those 77

persons has been withdrawn.

7.It would be profitable to note that later, by

two other circulars / letters dated 13.01.2020 and

31.01.2020 issued under the signature of the Deputy

Secretary, Education Department, Govt. of Bihar, the above

noted condition of obtaining B.Ed. degree within five years of

the publication of the BSITET result 2011 was further

liberalized / relaxed. Some of the petitioners who did not

come within the zone of consideration sought further

liberalisation/ clarification in those circulars / letters with

necessary sequel direction to the respondents to consider

their cases also for appointment on the post of secondary

and senior secondary school teachers.

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8.The intervenors in C.W.J.C. No. 1987

(Preeti Priya and Others); petitioners in C.W.J.C. No. 6760

of 2020 (Rakesh Kumar and 78 others) and the petitioners

in C.W.J.C. No. 8108 of 2020 (Bibekanand Kumar and 3

others) have contended that a strict interpretation to the

condition in BSITET guidelines of 2011 be given and only

such persons be considered in the 6

th

phase of appointment

who have passed one year B.Ed. Course within five years of

the publication of the result of BSITET examination.

9.Resultantly, they have prayed for quashing

of the afore-noted circulars dated 13.01.2020 and

31.01.2020.

10.Similar prayers as that in C.W.J.C. No.

1987 of 2020 (Preeti Priya and Others) have been made by

the petitioners in C.W.J.C. No. 5569 of 2020 (Niranjan

Kumar and 7 others), C.W.J.C. No. 5995 of 2020 (Sunil

Kumar Sharma and 19 others) as well as in C.W.J.C. No.

7645 of 2020 (Ranjit Kumar Raini and 5 others).

11.In order to appreciate the contention of

the parties, it would be necessary to refer to some basic

facts.

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12.In the year 2011, Secondary / Senior

Secondary Teachers Eligibility Test (BSITET), 2011 was

conducted by the Board. For any person to appear in the

Eligibility test of 2011, the minimum requirement was

( Clause - VIII of the Rules ) was of 50% marks in

graduation from a recognized university with 5%

concession to the candidates of SC/ST, EBC and physically

disabled categories. Similar condition but with post

-graduate degree for Higher Secondary School Teachers was

fixed. Only for the residents of Bihar, the candidates were

required to obtain one year B.Ed. degree within five years.

13.The one year B.Ed. course prescribed by

the National Council for Teachers Education (hereinafter

referred to as the ‘NCTE’) was later changed by the Regional

Director of the Eastern Regional Committee of NCTE and the

course duration for B.Ed. was made for two years, which

was implemented and made effective from 2015-17 session

onwards.

14. For most of the petitioners who had taken

BSITET examination of 2011, the results were published in

the year 2012 (14.06.2012). However, for the examinees in

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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the district of Saharsa, there was a re-examination in the

year 2013 and the results of such re-exmainees were also

published in the year 2013 (28.06.2013).

15.It would also be relevant here in this

context to state that the validity period for the BSITET 2011

examination was initially for a period of seven years from

the date of publication of result but it was extended for a

further period of two years vide order dated 26.06.2019

contained in memo no. 084 of 2019. Now the validity of the

BSITET, 2011 has been extended for life (Memo No. 893

dated 22.06.2021 issued under the signature of the Deputy

Secretary, Education Department with the approval of the

competent authority).

16.Pursuant to the aforesaid extension of the

validity period of the BSITET result, the Deputy Secretary,

Education Department, Govt. of Bihar came out with a

notification dated 01.07.2019 contained in memo no. 1142

for 6

th

phase of appointment of Government Teachers and

directed all the employment units to fill up the vacant posts

of Secondary and Senior Secondary School Teachers. The

vacancies were published by different employment units in

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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the State of Bihar which led the petitioners to fill up forms

for being considered for their selection.

17. Some of the petitioners had not

completed the B.Ed. course within five years of the

publication of the result and the reason ascribed was that

during the currency period of five years from the date of

publication of the result of BSITET, duration of the B.Ed.

course was increased from one year to two years. This,

therefore, required some relaxation in the Rules of 2011

BSITET examination or else all the candidates would be put

to insurmountable difficulties.

18.In the district and various employment

units, though merit / selection list was prepared but on

complaints from different quarters that the list also contained

the names of the persons who had not passed the B.Ed.

examination within five years of the publication of BSITET

result, a decision was taken on 27.12.2019 contained in

memo no. 2381 by the Director, Secondary Education, Govt.

of Bihar that cases of only such candidates would be

considered who have completed one year B.Ed. course within

the period of five years in terms of Clause -VIII of the

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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Guidelines of 2011.

19.While this decision was challenged and

many writ petitions were pending consideration, the

Government, in its wisdom, came out with another

notification dated 13.01.2020 contained in memo no. 43

under the signature of the Deputy Secretary, Education

Department, Govt. of Bihar indicating that in the wake of

confusion over the reckoning date from which five years

criteria was to be counted, namely, whether it had to be

counted from the date when the examination was held or

from the date of the publication of the result, a decision was

taken that it shall be reckoned from the date of publication

of the result.

20.By the aforesaid letter, it was decided that

candidates who had appeared in the BSITET examination of

2011, whose results were published in the year 2012 and

who had enrolled themselves in B.Ed. course in session

2015-17 and whose results of B.Ed. course was published in

the year 2018, would be considered in the 6

th

phase of

appointment process referred to above. Similarly, persons

whose results were published in the year 2013 who had

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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taken admission in the B.Ed. course in session 2016-18 and

whose result was published on or before 1

st

of August 2019,

shall be considered.

21.Thereafter another decision was taken on

31.01.2020 which clarified the earlier circular. After taking

into account that the result of BSITET, 2011 was published

in the month of June 2012 and the candidates had to face

difficulty in getting admitted in B.Ed. course in session 2012-

13, the base year for such pass-outs of 2012 was taken to

be 2013 and with that calculation, it was decided that only

those successful candidates who had enrolled themselves in

the two years B.Ed. course in session 2016-18 would be

eligible for appointment in the 6

th

phase, provided that

before the last date for submitting application, they had

obtained the B.Ed. degree. Similar concession was made for

such persons whose results were published in the year 2013.

22.The aforesaid decisions of the Government

in the Education Department impacted the careers of such

persons who had not obtained one year B.Ed. degree within

the period of five years or who had not obtained the degree

of two years B.Ed. course on or before the last date for

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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submission of form for 6

th

phase of appointment or if they

had obtained the B.Ed. degree but had not enrolled

themselves for two years B.Ed. course in session 2016-18 or

2017 -19 as the case may be (those whose BSITET result

was published in 2013; though this was not clearly specified

in the later circular of 31.01.2020).

23.The aforesaid two decisions have not been

challenged by most of the petitioners as it comes to their

succor but some of them seek a further clarification with

respect to the case of pass-outs of 2013 regarding the base

year for them. However, aforesaid two circulars dated

13.01.2020 and 31.01.2020 have been questioned by the

intervenors and some of the writ petitioners with s as being

in breach of the original guidelines of BSITET examination of

2011.

24.Some of the petitioners whose BSITET

results were published in the year 2012 and they had got

themselves enrolled in B.Ed. course in session 2017-19

( their B.Ed. results having been published in the year 2019

prior to the last date fixed for submitting the application for

the 6

th

phase of appointment process), were also not

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considerd by the respondents by resorting to an extremely

technical reading of the aforesaid letters dated 13.01.2020

and 31.01.2020 that they had not enrolled themselves in

B.Ed. course in 2016-18 session, which had been

recognized, but had enrolled only in 2017-19 session which

was recognized only for pass-outs of 2013, though not

specifically but by necessary implication.

25.The petitioners have contended that when

five years window was given to successful candidates of

BSITET, 2011, they ought to have been given the entire

period of five years with relaxation for the reason that the

one year B.Ed. course was compulsorily changed to two

years course. It has thus been argued that the cut-off date

for obtaining B.Ed. degree for such persons should have

been 2017 and 2018 respectively. In that event, any person

who enrolled himself in session 2017-19 cannot be ignored

and non-suited as the beginning of that session was in the

last of the five years period. Even otherwise, if those

petitioners have obtained their B.Ed. degree which is the

basic requirement, before the last date of submission of

form, it has been argued, that there cannot be any reason

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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why they should not be considered for being selected for

such posts.

26.The second limb of argument of such

petitioners is that if the base year for 2012 result was taken

to be 2013, then any person having enrolled himself in B.Ed.

course session of 2017-19 would be within the cap of five

years from the date of publication of result. Thus, there

would be no justification for insisting upon the enrollment of

such candidates in the B.Ed. course latest by session 2016-

18 or 2017-19 if the BSITET result was published in 2013

and not beyond. What is relevant is that he should have got

himself enrolled in B.Ed. course in such a way that within a

period of five years, he would have obtained such degree, if

it were of one year duration. It was also urged on behalf of

the petitioners that after the BSITET, 2011, no other

examination has been held uptil now.

27.The interveners in C.W.J.C. No. 1987 of

2020 as well as the petitioners in C.W.J.C. No. 6760 of

2020 and C.W.J.C. No. 8180 of 2020 have challenged the

aforesaid circulars on the ground that the rules of the

BSITET examination framed in the year 2011 could not have

Patna High Court CWJC No.1987 of 2020 dt.09-02-2022

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been changed midway for the purposes of selection

/appointment on the posts of Secondary and Senior

Secondary School Teachers.

28.By taking reference of three decisions of

the Supreme Court, namely, P. Mahendran Vs. The

State of Karnataka; AIR 1990 SC 405, A.A. Calton

Vs. The Director of Education and Ors.; AIR 1983

SC 1143 and Bedanga Talukdar vs. Saifudaullah Khan

& Ors.; 2011 (12) SCC 85, it has been urged that any

change in the course duration of B.Ed. by NCTE was to be

made prospective and it ought not to have impacted the

BSITET Guidelines of 2011 which permitted B.Ed. course of

only one year duration.

29.It has been vehemently argued on behalf

of the interveners that if at all the two years’ B.Ed. course is

permitted to be taken into consideration because of the

decision by NCTE, the outer limit of five years from the date

of publication of result of the BSITET, 2011 should be

strictly adhered to or otherwise it would unnecessarily

enlarge the pool from where the candidates would be

selected, giving premium to slow and lethargic persons who

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took time in obtaining the B.Ed. degree over such persons

who have shown extreme promptitude and have obtained the

B.Ed. degree within the time so specified in the guidelines of

2011. It has categorically been argued that five years period

for obtaining B.Ed. degree has to be counted from the date

of filing of the application by the respective candidates.

30.On behalf of the petitioners, the aforesaid

contention is sought to be negatived on three counts,

namely, the rules of the game so far as the appointment

process is concerned has not been changed. The BSITET

examination was held only for short-listing the persons who

had basic qualification of graduation/post-graduation and

from amongst whom who would have passed BSITET

examination and had obtained B.Ed. degree, selection was

to be made. That no selection was made for several years

even after the results were published in 2012 and 2013

respectively is itself an indication that the rules and the

guidelines of BSITET, 2011 was not in fact an

advertisement governing the appointment process. Each

round of appointment process was separate and, therefore,

any liberalization by way of clarification of the guidelines of

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passing B.Ed. examination by recognizing particular date

and session of enrollment under B.Ed. course to a later date

cannot be said to effect a change in the rule of the game

midway.

31.It has also been urged that any statute

has to be considered in such a manner which causes least

hardship and simultaneously serves the purpose. The

requirement of basic educational qualification is not being

changed. All that has been done is to recognize the base

year as 2013 and 2014 for the pass -outs of 2012 and 2013

respectively from which date five years outer limit is to be

counted.

32.Some difficulty has been created for the

petitioners with the decision of a Co-ordinate Bench of this

Court dated 28.01.2021 passed in C.W.J.C. No. 7446 of

2020 (Manoj Kumar and 9 Others vs. the State of Bihar and

Others). In the aforesaid case, the learned Single Judge has

taken into account the rules of BSITET 2011, more

particularly Clause 8(K)(III) and has held that any person

who has not obtained B.Ed. degree within five years i.e. not

later than June 2017 for those whose BSITET results were

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declared in the year 2012 and not later than the year 2018

whose results were declared in the year 2013, would be

eligible for being considered.

33.The circulars of the Government dated

13.01.2020 and 31.01.2020 do not appear to have been

taken into consideration which circulars had in fact

superseded the directions in the circular dated 27

th

of

December 2019.

34.The learned counsel for the State,

however, has submitted that the aforesaid two circulars had

been brought to the notice of the Co-ordinate Bench and,

therefore, it would be presumed that the same was

considered but an express opinion was given on

interpretation of Clause -VIII (K)(III) Rules of BSITET,

Rules of 2011 to mean that any person having obtained

B.Ed. degree beyond 2017-18 as the case may be, would

not be eligible for being considered.

35.The learned counsel for the petitioners, on

the other hand, have submitted that the judgment by the

Co-ordinate Bench of this Court referred to above, has at

best been rendered sub-silentio with respect to the two

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circulars referred to above or has not at all noticed the

aforesaid circulars. In either of the events, it would be no

authority under the eyes of law and there would be no

justification for this Court to refer the matter to the Division

Bench if this Court comes to a different opinion in view of

the later circulars of the Government.

36.After having heard the learned counsel for

the parties, it becomes rather graphically clear that in order

to avoid difficulties for the candidates whose BSITET result

was declared in the year 2012, their base year was treated

as 2013 and for those whose results were published in the

year 2013, the base year would naturally be taken to be

2014 if that concession was given for the pass-outs of 2012.

The reckoning date for counting five years has been made

effective from the date of publication of BSITET result. In

order to further clarify, the circular dated 31.1.2020 clearly

stipulates that the pass-outs of 2012, who have enrolled

themselves in two years B.Ed. course latest by session

2016-18 and have obtained the B.Ed. degree prior to the

last date fixed for submission of form for 6

th

phase of

appointment, would be eligible. Similar concession has been

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accorded to the pass-outs of 2013 but the same has not

been spelt out specifically, leaving some ambiguity with

respect to the recognition of the session of B.Ed. course for

such pass-outs of 2013. If similar treatment has to be given

to pass-outs of 2013, it would naturally mean that the

Government intended to treat 2014 as the base year for

such candidates and, therefore, they would be required to

have enrolled themselves compulsorily latest by 2017-19

session of B.Ed. course with the caveat that they would have

obtained the B.Ed. degree before the last date as has been

recognized in case of pass-outs of 2012.

37. To further clarify, it is noted that the

candidates who are the pass-outs of 2012 or 2013 but have

not enrolled themselves in the B.Ed. course either in 2016-

18 session or 2017-19 session respectively but have

obtained the B.Ed. degree prior to the cut-off date, they

might constitute a separate class for which no decision has

been taken by the Government.

38.It would be only appropriate that they be

directed to approach the concerned authorities for providing

relaxation to them for being treated as eligible candidates for

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consideration for selection, if that is permissible under the

rules.

39.Adverting to the arguments of the

intervenors in C.W.J.C. No. 1987 of 2020 and the

petitioners in C.W.J.C. No. 6760 of 2020 and C.W.J.C. No.

8180 of 2020, the contention raised on their behalf do not

appear to be acceptable. The BSITET examination was held

for determining the eligibility of the candidates and every

appointment process was truly separate. The guidelines of

BSITET would not control the appointment process in

different phases of appointment as the validity period of the

BSITET result has been extended for perpetuity (initially for

five years, extended for two years and later extended for

life) and many persons who had qualified in the test have

not yet been appointed on the post of teacher for which the

6

th

phase of appointment process has now been initiated.

With the clarification regarding computing the period of five

years for having obtained the basic degree of B.Ed. from the

date of publication of result, no basic rule or guideline of

BSITET have been changed or tinkered with. In the opinion

of this Court, it would be too much for the intervenors and

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the petitioners in the aforesaid cases to claim their exclusive

candidature for the 6

th

phase of appointment on the ground

that such interpretation would lead to enlargement of the

pool from where the appointees are to be selected.

40.The clarification regarding the reckoning

date of five years has not changed the rule of the game

midway.

41In P. Mahendran vs. State of

Karnataka (supra), the Karnatka General Service (Motor

Vehicle Branch) Recruitment Rules of 1962 (as amended in

1976) laid down the minimum qualification of diploma in

automobile engineering or mechanical engineering for direct

recruitment to the post of Motor Vehicle Inspectors. The

Karnatka Public Service Commission had issued an

advertisement in the year 1983 inviting applications for the

said posts, declaring that the selection was to be made in

accordance with the recruitment rules of 1976. During the

selection process but before the publication of the result,

the recruitment rules were changed in the year 1987,

omitting the qualification of diploma in mechanical

engineering for Motor Vehicle Inspectors. Some of the

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candidates, who had been unsuccessful in the 1

st

round of

selection process, challenged the merit / selection list on the

ground that with the change in the recruitment rules, the

entire process got vitiated. The State Administrative

Tribunal quashed the selection process but the High Court of

Karnatka held that if a candidate had applied for a post in

response to an advertisement in the light of the recruitment

rules, he acquired a right to be considered for selection in

accordance with the then existing rules, which could not

have been affected by the amendment in the rules unless the

amending rule was made retrospective in nature. The view

of the Karnatka High Court was affirmed by the Supreme

Court.

42.The proposition laid down in the aforesaid

case does not at all apply to the facts of the present case

where no such rules regarding basic qualification have been

changed but only a clarification has been made with respect

to the reckoning date for counting the number of years

within which B.Ed. degree could be obtained. Such

clarification came, as noted above, in the wake of the

Government taking cognizance of the difficulties faced by the

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candidates in enrolling themselves in B.Ed. course which had

hitherto been of one year duration only and has been

changed to two years duration since 2015 onwards. In

order to remove difficulties, the base year for the pass-outs

of 2012 and 2013 was taken to be 2013 and 2014

respectively. This clarification does not at all impinge on the

basic rules provided in the guidelines of BSITET, 2011, even

that were to be assumed to be an advertisement for the

appointment of secondary / senior secondary school

teachers. The basic rules, it is reiterated, has not been

changed but only a gloss has been put in order to remove

any impediment in calculating the number of years within

which the basic degree of B.Ed. had to be obtained. This

interpretation by way of clarification ought not offend

anyone, but it certainly facilitates many.

43.In A.A. Calton vs. the Director of

Education and Others (supra), again it was held that no

retrospectivity could be given to any statutory provision so

as to impair or take away any existing right, unless the

statute either expressly or by way necessary implication

directs that it should have such retrospective effect.

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44. In Bedanga Talukdar vs. Saifudaullah

Khan & Ors (supra), the Supreme Court specified that there

can be no arbitrariness in the process of conducting

examination or of appointment. The selection process has to

be conducted strictly in accordance with the stipulated

selection procedure. When a particular schedule is

mentioned in the advertisement, the same has to be

scrupulously maintained and there could not be any

relaxation in the terms and conditions of the advertisement

unless such power is specifically reserved. Such a power

could be reserved in the relevant statutory rules. Even if

power of relaxation is provided in the rules, it must still be

mentioned in the advertisement. In the absence of such

powers in the rule, it could still be provided in the

advertisement. However, if the power of relaxation, if

exercised has to be given due publicity. This, in the opinion

of the Supreme Court, would be necessary to ensure that

those candidates who become eligible due to relaxation are

afforded an equal opportunity to apply and compete with

others. Relaxation of any condition in the advertisement

without due publication would be contrary to the mandate of

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appointment process.

45.It has been explained in the preceding

paragraphs that the guidelines in BSITET examination only

determines the eligibility of the candidates for being

appointed / selected for secondary / senior secondary

teachers. One of the important guidelines is that such result

would be given effect to only if B.Ed. degree is obtained by a

successful candidate within five years of publication of result.

As noted above, there has been some clarification at the end

of the employer regarding counting of those five years.

There is no question of there being no publicity to such

interpretation as all the candidates who were successful in

the BSITET result of 2011 and who come within the zone of

consideration became eligible for a separate appointment

phase based on such result, the validity of which has been

extended for life.

46.Now the question for consideration of this

Court is whether the judgment delivered by a Co-ordinate

Bench of this Court in Manoj Kumar (supra) be treated as

precedent for these batch of writ petitions to be disposed off

in terms of the aforesaid judgment and whether the finding

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in the aforesaid judgment is an express declaration regarding

the eligibility of any pass-out of the BSITET, 2011.

47.In the aforesaid judgment, it has been

held as under :-

“Having heard learned counsel for the parties

and on going through the materials on record,

the relevant facts which transpire are that

clause 8(ka)(iii) of the guidelines of 2011

clearly provides that the candidates will have

to obtain their one year B.Ed degree after

qualifying the STET 2011. The fact not in

dispute with respect to the petitioners is that

the result of STET 2011 of the petitioners

was published on 14.6.2012 (Annexure 3

series) and the result of some of the

petitioners was published in June 2013. As

per clause 8(ka)(iii) of the guidelines of 2011

the petitioners should have obtained their

B.Ed. degree within five years i.e. not later

than June 2017 and for some June 2018. Not

having obtained their B.Ed. degree within the

time prescribed the petitioners were rightly

not considered for the post of secondary and

senior secondary teachers in the 6th phase.

With respect to the contention of the

petitioners that the petitioners could not

obtain their B.Ed. degree within five years

because of the change in duration of the

course from 1 year to 2 years, the Court does

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not find any merit in the same for the reason

that the said change came about by the letter

dated 10.12.2014 (Annexure 2) of the NCTE

with effect from the academic session 2015-

2016 and the petitioners having completed

their teachers eligibility test in June 2012 or

2013, had all opportunities to complete their

B.Ed. degree within five years as required in

clause 8(ka)(iii) of the guidelines of 2011 by

completing the same in the sessions 2012-

2013, 2013-2014, 2014-2015, 2015-2017

or 2016-2018.

Thus, there being no merit, the writ

application is dismissed.

48.From a bare reading of the judgment, it

would appear that the two circulars of the Govt. in the

Education Department, namely, the circulars dated

13.01.2020 and 31.01.2020, though, were brought on

record by the State and also by some of the petitioners by

way of an Interlocutory Application, but those circulars do

not appear to have been adverted to.

49.The learned counsel for the State,

however, for some reason has stated that the Co-ordinate

Bench would be deemed to have been in know of the

aforesaid circulars and, therefore, the judgment would only

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mean that such circulars were taken note of but because of

the guidelines in the BISITET examination, the same was not

relied upon.

50.The aforesaid argument of the State is not

tenable for the reason that though the aforesaid circulars

were brought on record by way of counter affidavit but the

same has not at all been considered. If it is assumed for

sometime that those circulars were in the knowledge of the

Hon’ble judge, such judgment, at best, would be either sub-

silentio of the aforesaid two circulars or would be in

complete ignorance of the later interpretation by the

Government / Employer. In either case, it would be of little

or no authority on the issues dealt with in the aforesaid two

circulars.

51.In Municipal Corporation of Delhi vs.

Gurnam Kaur, 1989 SCC (1) 101; the Supreme Court

followed the principle laid down in Lancaster Motor

Company (London) Ltd. vs Bremith Ltd; (1941) 1 KB

ER 675. In the aforesaid case, the Delhi High Court had

issued direction to the appellant to construct a kiosk from

the date of the order or to furnish a plan of action with

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requisite permission for Gurnam Kaur (respondent) for an

alternative stall. The Court, however, relied on a precedent

which was based on the consent of the parties and there was

virtually no reason why a direction was to be made to the

Corporation. No sooner was it noticed by the Supreme Court,

it was held that a decision which is not express and is not

founded on reasons nor it proceeds on consideration of the

issue, cannot be deemed to be the law declared to have a

binding effect.

52.This proposition was further sought to be

explained by stating that:-

“A decision passes sub silentio, in the

technical sense that has come to be attached

to that phrase, when the particular point of

law involved in the decision is not perceived

by the court or present to its mind. The Court

may consciously decide in favour of one

party because of point A, which it considers

and pronounces upon. It may be shown,

however, that logically the court should not

have decided in favour of the particular party

unless it also decided point B in his favour;

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but point B was not argued or considered by

the court. In such circumstances, although

point B was logically involved in the facts

and although the case had a specific

outcome, the decision is not an authority on

point B. Point B is said to pass sub silentio”.

(quoted from Salmond on Jurisprudence 12

th

edition

-P.J. Fitzgerald

in Municipal Corporation of Delhi

vs. Gurnam Kaur (supra).

53.This Court is thus of the view that if the

aforesaid two circulars of the Govt. dated 13.01.2020 and

31.01.2020 were not taken into account in the aforesaid

judgment, it would not make any precedent to be followed.

54.Thus, the aforesaid batch of writ petitions

are being disposed of by holding that in accordance with the

guidelines of the BSITET, 2011 and the relevant circulars of

the Govt. in the Education Department :-

(I)Candidates whose BSITET result was

published in the year 2012, who have enrolled

themselves for B.Ed. course latest by session

2016-18 and have obtained B.Ed. degree before

the cut-off date being the last date for

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submitting of application for 6

th

phase of

appointment, shall be eligible.

(II)Candidates whose results have been

published in the year 2012 but they have

enrolled themselves in the B.Ed. course in

session 2017-19 notwithstanding that they have

obtained the B.Ed. degree prior to the cut-off

date shall not be eligible but they shall have the

liberty to approach the concerned respondent for

considering their cases also for selection /

appointment as they have obtained their B.Ed.

degree prior to the last / cut-off date. In such

cases, if a suitable representation is made before

the authorities, it shall be adverted to and an

order shall be passed either rejecting or

accepting their claim, which shall be made

known to the petitioners without any delay and

preferably before the selection process is

concluded. The authorities concerned shall while

taking a decision in that regard shall also take

into account, as submitted by the learned

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counsel for the petitioners, that no eligibility test

for appointment of teachers has been conducted

after 2011 and that precisely for this reason, the

results have been made valid for life. Any

suitable representation with respect to relaxation

of age of the candidates who would fall in such

category, is also expected to be considered

favourably.

(III) Candidates whose BSITET results have

been published in the year 2013 and who have

enrolled themselves in the B.Ed. course latest by

session 2017-19 and have obtained their B.Ed.

degree prior to the cut-off date shall again be

eligible on the same principle.

55.With the aforesaid declaration /

observation, these writ petitions are disposed of.

sunilkumar/-

(Ashutosh Kumar, J)

AFR/NAFR AFR

CAV DATE 02.12.2021

Uploading Date 10.02.2022

Transmission Date N/A