Disposed

Shaukat Ali and Ors. v. The State Of Bihar and Ors.

Patna HC3 Sept 2012CWJC/14303/2012

Case brief

AI extract

What is this about?

In this oral order, the High Court of Patna disposed of a writ petition challenging the exclusion of petitioners from the final list of Assistant Teachers in Urdu. The court acknowledged the petitioners' concerns regarding eligibility and future vacancies but exercised judicial restraint.

What did the court decide?

The writ application stands disposed in terms where objections are to be considered subject to fulfilling eligibility qualifications for future vacancies.

Shaukat Ali and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14303 of 2012

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Shaukat Ali S/O Late Abdul Aziz R/O Village- Moap Kalan, Police Station- Imadpur, District- Bhojpur At Ara

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Md. Khurshid Alam S/O Md. Zahiruddin Ansari R/O Village And Post Sikarhata Kalan, Police Station- Sikarhata, District- Bhojpur At Ara 3. Md. Nasim Ahmad S/O Late Md. Qurban Ali R/O Village- Bhagalpur, P.O. And Police Station- Piro, District- Bhojpur At Ara

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Md. Yusuf Anwer S/O Md. Lukman R/O Village And Post- Dhangai, Police Station- Bikramganj, District- Rohtas

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.... .... Petitioner/s Versus

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The State Of Bihar

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The Principal Secretary Department Of General Administration, Bihar, Patna

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The Principal Secretary Human Resources Development Department, Bihar, Patna

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The Director, Primary Education, Bihar, Patna

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The Chairman Bihar Staff Selection Commission, Bihar, Patna

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The Secretary Bihar Staff Selection Commission, Bihar, Patna

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar, Adv. For the Respondent/s : Mr. Sunil Kr. Mandal SC-24 Dr. A. Shakoor, Adv. For the Commission : Mr. S. S. Sundaram, Adv.

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 03-09-2012 Heard learned counsel for the petitioners, the State and for the Bihar Staff Selection Commission.

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The petitioners are stated to have been applicants for the post of Assistant Teacher in Urdu possessing necessary qualifications in Urdu and also B.T. (Urdu). They are stated to belong to reserved BC-I category.

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Learned counsel for the petitioners submits that they have wrongly been excluded from the list of 34,540

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Patna High Court CWJC No.14303 of 2012 (2) dt.03-09-2012

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persons. Acknowledging that no Court can entertain grievance with regard to non inclusion, by reasons of the order of the Supreme Court, it is submitted that their objections are still required to be considered so that they are not prejudiced in context of future vacancies. The petitioners have wrongly been treated as candidates not possessing B.T. with Urdu even while others from the same institution and in the same session from where the petitioners obtained their B.T. (Urdu) qualification have been included in the aforesaid list.

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Counsel for the Commission submits that any consideration of the objections has otherwise to remain subject to the petitioners fulfilling the eligibility qualifications that may be prescribed for such future vacancies.

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The writ application stands disposed in the aforesaid terms.

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P. Kumar/-

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(Navin Sinha, J)

Shaukat Ali and Ors. v. The State Of Bihar and Ors.

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Shaukat Ali and Ors. v. The State Of Bihar and Ors.

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