Patna High Court
Savita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
If the cut‑off marks are reduced to 47, the petitioner’s application shall be considered in accordance with law.
Summary
The petitioner, Savita Kumari, an EWS (Female) candidate, applied online for the BPSC School Teacher Recruitment 2023 and scored 47 marks, one point below the cut‑off of 48 marks for her category. She filed a writ petition seeking a direction that the authorities consider her for appointment as a primary teacher if the cut‑off marks are reduced to 47. The respondents argued that any reduction in cut‑off must be applied uniformly based on merit and seniority, and the petitioner could not presume preferential treatment. The High Court held that, should the cut‑off be lowered to 47, the petitioner’s case must be considered in accordance with law. Consequently, the court directed the BPSC to consider the petitioner if the cut‑off is reduced and disposed of the writ application.
Issues considered
- Whether the court can direct the BPSC to consider a candidate for appointment if the cut‑off marks are reduced.
- Whether the petitioner is entitled to preferential consideration beyond merit and seniority upon reduction of cut‑off marks.
Subjects
- appointment
- recruitment
- cut‑off marks
- EWS
- primary teacher
- writ jurisdiction
- Bihar School Examination Board
- BPSC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5925 of 2026
======================================================
Savita Kumari Wife of Vijay Kumar, Resident of Village- Baghnagri, P.S.-
Baghnagri, District- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Chairman, Bihar School Examination Board, Sinha Library Road Budh
Marg, Patna, Bihar- 800017.
4. The Secretary, Bihar School Examination Board, Sinha Library Road, Budh
Marg, Patna, Bihar- 800017.
5. The Examination Controller, Bihar School Examination Board, Sinha
Library Road, Buddh Marg, Patna, Bihar- 8000017.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Respondent/s : Additional Advocate General 9
Mr. P.K. Shahi, AG
Mr. Kumar Shanu, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondent to consider the
appointment of the petitioner on the put of primary
teacher where as the cut-off marks of TRE-03 was
48 marks of EWS (Female) candidate, whereas the
petitioner has obtained 47 marks.
(ii) For directing the respondent authority to
consider the claim of the petitioner when they
reduce the cut-off marks of TRE-03.
Patna High Court CWJC No.5925 of 2026(2) dt.23-04-2026
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(iii) For directing the respondent authority to
appoint the petitioner on the post of Primary
Teacher.
(iv) For any other relief to which the petitioner is
found entitled in the facts and circumstances of the
case.
3. Learned counsel for the petitioner submits that the
petitioner applied online for the BPSC (School Teacher
Recruitment, 2023) under the Education Department,
Government of Bihar, Advertisement No. 26 of 2023, through
its website. Admittedly, the petitioner, who falls within the EWS
(Female) category, has obtained 47 marks in the said
examination, whereas the cut-off marks for the said category is
48 marks. It is the case of the petitioner that the authorities of
BPSC may be directed to consider her case in the event the cut-
off marks are reduced to 47 marks.
4. At this stage, learned counsel for the State and the
Bihar School Examination Board submit that if there is any
reduction in the cut-off marks, then the cases of the candidates
shall be considered strictly in accordance with their merit and
seniority, and the petitioner is only presuming that her case
would not be considered.
5. In view of the submissions advanced by the parties,
this Court directs the authorities of BPSC that, in the event the
Patna High Court CWJC No.5925 of 2026(2) dt.23-04-2026
3/3
cut-off marks are reduced to 47 marks and the petitioner falls
within the zone of consideration, her case shall be considered in
accordance with law.
6. Accordingly, the writ application stands disposed
of.
(Ajit Kumar, J)
shikha/-
U
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