Patna High Court
Taqdees FatimaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the petitioner may file a fresh representation before the Examination Controller, who must dispose of it within three months, and dismissed the writ otherwise.
Summary
The petitioner, Taqdees Fatima, sought a writ directing the Bihar Education Department and the Bihar Public Service Commission (BPSC) to appoint her as a middle school Urdu teacher, asserting she had scored above the final cut‑off in the advertised recruitment. She also requested a declaration that the authorities were legally bound to appoint her and sought to quash a clause in the advertisement that barred any supplementary result after the provisional merit list. The court, after hearing counsel, noted that the petitioner was willing to file a fresh representation before the Examination Controller (TRE‑3) of the BPSC. Since the respondents raised no objection to this limited prayer, the court granted the petitioner liberty to file the representation within two weeks and directed the Examination Controller to decide it within three months, issuing a reasoned order. No other reliefs were entertained and the writ application was disposed of.
Issues considered
- Whether the Bihar Education Department and BPSC are legally obligated to appoint a candidate who has cleared the final cut‑off marks in the recruitment exam.
- Whether the clause in advertisement No.22/2024 prohibiting any supplementary result can be quashed.
- Whether the petitioner may be directed to file a fresh representation before the Examination Controller and have it decided within a stipulated time.
Subjects
- appointment
- public service commission
- writ of mandamus
- education recruitment
- merit list
- supplementary result
- representation
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4407 of 2025
======================================================
Taqdees Fatima D/o - Abrar Ahmad, R/o- At and P.O. - Magalsi, P.S. -
Raunahi, District- Ayodhaya (Roll. 647618).
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Chairman, Bihar Public Service Commission, Bihar, Patna.
3. The Examination Controller (TRE-3), Bihar Public Service Commission,
Patna.
4. The Director, Primary Education, Government of Bihar, Patna.
5. The Addl. Secretary, Education Department, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sita Ram Prasad, Advocate
For the Respondent/s : Mr. Government Pleader (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, learned
counsel appearing for Bihar Public Service Commission and
learned counsel for respondents-State.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“(i). Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent
authorities under the Education Department
Bihar, Patna as well as the authorities under
the Bihar Public Service Commission, Patna
(hereinafter referred to as the Commission)
to take steps towards considering the cases
Patna High Court CWJC No.4407 of 2025(3) dt.24-03-2026
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of the present petitioner who has obtained
more than final cut off marks in the
examination conducted by the concerned
authorities under the commission pursuant
to advertisement no. 22/2024 for
appointment against the posts in class 6 to8
school teachers in Urdu subject under
unreserved female category vacancies along
with all entitlements;
(ii). Issuance of a declaration holding that
the concerned authorities under the
Commission and also the State Government
are legally obligated to appoint the
petitioner and recommended names of
petitioner who has been declared to be
qualified in the examination conducted
pursuant advertisement No. 22/2024 by the
Commission for consideration of cases for
appointment against the posts of Middle
school teacher (6t08) in the State of Bihar
against the vacancies advertised by the said
advertisement no.22/2024.
(iii). To quash the Note Para of paragraph
no.4 in advertisement no.22/24 by which the
commission have taken final decision that
after published the provisional merit
list/result, no supplementary result shall be
published in future, further order to issue
appointment letter in favor of petitioner
because, petitioner has obtained 73 marks
against the final cut off marks 63 in
unreserved female category in Urdu subject
in class 6to 8 Middle school teacher post.
For any other relief(s) for which petitioners
are entitle on the basis of facts and
circumstances of this case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for claiming the aforesaid relief
the petitioner is prepared to file a fresh representation before the
Patna High Court CWJC No.4407 of 2025(3) dt.24-03-2026
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Examination Controller (TRE-3) Bihar, Public Service
Commission, Patna (respondent no.3) and prays that an
appropriate direction be issued to the respondent no.3 to dispose
of the representation which would be filed by the petitioner,
within a fixed time frame, after giving an opportunity of hearing
to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
B.P.S.C. and learned counsel for respondents-State do not have
any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a fresh
representation before the Examination Controller (TRE-3),
Bihar Public Service Commission, Patna (respondent no.3)
within two weeks from the date of passing of this order. If such
a representation is filed within the time stipulated, the
Examination Controller (TRE-3), Bihar Public Service
Commission, Patna (respondent no.3) is directed to dispose of
the same within three months from the date of receipt of the
representation, after giving an opportunity of hearing to the
petitioner.
Patna High Court CWJC No.4407 of 2025(3) dt.24-03-2026
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7. Needless to emphasize that the final order which
shall be passed by the Examination Controller (TRE-3), Bihar
Public Service Commission, Patna (respondent no.3) should be
a reasoned and speaking order.
8. Learned counsel for the submits that the description
of respondent no.3 has to be corrected as there is a typing
mistake.
9. As prayed for, learned counsel for the petitioner is
directed to correct the description of respondent no.3, during the
course of the day.
10. With the aforesaid observation and direction and
liberty as granted, the writ application stands disposed of.
Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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