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Patna High Court

Shashi Mohan Jha,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petitions are dismissed as infructuous.

Summary

The petitioners, who were eligible for appointment as Assistant Teachers, filed writ petitions seeking their appointment after attaining the age of superannuation. During the pendency of the petitions, the relevant recruitment rules were amended and fresh eligibility accrued to other candidates. The Coordinating Bench, in CWJC No. 81 of 2023, held that no relief could be granted after more than a decade had elapsed and the rules had changed. Counsel for the petitioners argued that the earlier order should not preclude relief, but the State and the Bihar Staff Selection Commission contended that the matters were identical and should be disposed of uniformly. Justice Ajit Kumar, after considering the earlier order and the passage of sixteen years, held that the petitions had become infructuous. Consequently, all the writ petitions were dismissed as infructuous. The order effectively closes the petitioners’ claims for appointment.

Issues considered

  • Whether the petitioners are entitled to appointment as Assistant Teacher despite having attained superannuation
  • Whether the writ petitions can be entertained after a substantial lapse of time and amendment of recruitment rules

Subjects

  • Assistant Teacher appointment
  • Superannuation
  • Writ petition
  • Infructuous
  • Public service recruitment
  • Staff Selection Commission
  • Rule amendment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.13290 of 2019
     ======================================================
     Ragini Kumari daughter of Late Rajeshwar Prasad Singh and wife of Krishna
     Mohan Thakur resident of Village- Patahi Hari, P.O. Patahi, P.S. Muzaffarpur
     Sadar, District- Muzaffarpur.
                                                                ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Education Department, Government of Bihar,
     Patna.
3.   The Director, Primary Education, Education Department, Government of
     Bihar, Patna.
4.   The Joint Director, Primary Education, Education Department, Government
     of Bihar, Patna.
5.   The Staff Selection Commission, Bihar, Patna through the Chairman,
     Veterinary College Campus, Patna.
6.   The Chairman, The Staff Selection Commission, Bihar, Patna, Veterinary
     College Campus, Patna.
7.    The Secretary, The Staff Selection Commission, Bihar, Patna, Veterinary
      College Campus, Patna.
                                                           ... ... Respondent/s
     ======================================================
                                          with
                   Civil Writ Jurisdiction Case No. 16338 of 2019
     ======================================================
     Md. Sultan Ahmad Son of Md. Sayeed Ahmad, Resident of Village- Chhoti
     Borna, P.O- Borna, P.S.- Gogri, District- Khagria.
                                                              ... ... Petitioner/s
                                         Versus
1.    The State of Bihar.
2.   The Principal Secretary, Department of Education, Government of Bihar,
     Patna.
3.   The Director, Primary Education, Government of Bihar, Patna.
4.   The Bihar Staff Selection Commission, Through its Secretary, Vetenary
     College, Patna.
5.   The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna.

                                               ... ... Respondent/s
     ======================================================
                                          with
                 Civil Writ Jurisdiction Case No. 16377 of 2019
     ======================================================
     Shashi Mohan Jha, Son of Late Jaideo Jha @ Jagdeo Jha, resident of Mohalla
     Budha Colony Adalbari Ward No. 3, P.S.- Hajipur Town District- Vaishali.

                                                                  ... ... Petitioner/s
         Patna High Court CWJC No.13290 of 2019(7) dt.16-02-2026
                                                    2/3




                                               Versus
           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Development Department, Government of Bihar Patna.
           2.    The Secretary Bihar Staff Selection Commission Patna.
           3.    The Chairman Bihar Staff Selection Commission Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In Civil Writ Jurisdiction Case No. 13290 of 2019)
                 For the Petitioner/s      :       Mr.Vijay Kumar Singh, Adv.
                 For the Respondent/s      :       Ms. Namrata Singh, AC to EX GA-12
                 For BSSC                  :       Mr. Sanjay Kumar, Adv.
                 (In Civil Writ Jurisdiction Case No. 16338 of 2019)
                 For the Petitioner/s      :       Mr.Md. Shakir Ahmad, Adv.
                 For the Respondent/s      :       Ms. Namrata Singh, AC to EX GA-12
                 (In Civil Writ Jurisdiction Case No. 16377 of 2019)
                 For the Petitioner/s      :       Mr.Pramod Kumar Verma, Adv.
                 For the Respondent/s      :       Ms. Namrata Singh, AC to EX GA-12
                 For BSSC                  :       Mr. Sanjay Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

7   16-02-2026                    Mr. Vijay Kumar Singh, learned counsel for the

                   petitioners submits that during pendency of the instant writ

                   petition, the petitioners have attained the age of superannuation,

                   the entitlement of the petitioners, for appointment as against the

                   post of Assistant Teacher, now could not be made in respect of

                   these petitioners and as also the issues having been put at rest by

                   the order passed by the Co-ordinate Bench in CWJC No. 81 of

                   2023 wherein, the Co-ordinate Bench has taken a view that now

                   no relief can be granted to these petitioners with the passage of

                   more than a decade and the rules having been changed and fresh

                   right has also accrued to the persons, who have acquired

                   eligibility during the pendency of the writ petition and it is
             Patna High Court CWJC No.13290 of 2019(7) dt.16-02-2026
                                                        3/3




                       almost sixteen years have elapsed, therefore, these matters are

                       required to be closed in terms of the order dated 13.01.2023

                       passed in CWJC No. 81 of 2023.

                                   2. On the other hand, learned counsel appearing for

                       the State and as also for the Bihar Staff Selection Commission,

                       Patna submit that since all the aforesaid writ petitions are

                       connected matter and have similar issues, as such, the same may

                       be disposed of in similar terms.

                                   3. In view of the above, all these writ petitions stand

                       disposed of as having become infructuous.



                                                    (Ajit Kumar, J)
    perwez

U


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