IN THE HIGH COURT OF JUDICATURE AT PATNA (CIVIL WRIT

JURISDICTION) C.W.J.C. NO. OF 2023

In the matter of an application under article 226 and 227 of the

Constitution of India
AND
In the matter of: - Ravi kumar, S/o- Rajeshwar Prasad Singh, R/o- Khutiyari, Ara,
Sandesh, Bhojpur, Bihar- 802164

……………….. Petitioner

VERSUS

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

Education, Govt. of Bihar.

2.The Bihar Public Service Commission through Secretary.

3.The Secretary, Bihar School Examination Board.

4.Controller of Examination, Bihar School Examination Board.

5.Army educational corps through Additional Director General of Army

Education.

…………. Respondents
 INDEX
S.NO PARTICULARS PAGE NO
1. A copy of the petition with affidavit
and ID proof
2. Annexure 1. True copy of the
Advertisement dated
01/04/2022
3. Annexure 2. True copy of the Merit
list dated

4. Annexure 3. True copy of the Human

Resource Development
Teaching Experience
Certificate by the ‘Army
Educational Corps’

5. Annexure 4. Trade Proficiency

Certificate for Ex-
Servicemen of Indian
Armed Forces
6. Annexure 5. True copy of the Diploma
Certificate

7. Annexure 6. True copy of the

Certificate and
Marksheet of B.ED
8. Annexure 7. True copy of the RTI
application

9. Annexure 8. True copy of the reply of

the RTI filed

10. Annexure 9. True copy of the letter of

the C.B.S.E
 SYNOPSIS

That a notification was published by Bihar Public Service Commission for

conducting the examination for appointment of candidates at the post of

Headmaster in Senior Secondary Schools vide advertisement no.02/2022. The

online application had to be submitted on the official website of B.P.S.C from 05-

03-2022 to 28-05-2022. In the advertisement no.02/2022 the selection criteria was

given under section 3 (v). A clarification notification dated 01-04-22 was published

by Under Secretary Controller of Examination, B.P.S.C amending the rule laid

down under section 3 (iv) (v) of the advertisement no. 02/2022. In consonance with

the notification dated 01-04-2022, B.P.S.C, 2022 was conducted on 31-05-2022.

On 04-08-22 board declared the result in which the Petitioner named Ravi kumar

roll no. 212700 qualified with 128th rank. The petitioner fulfils all the eligibility

criteria as laid down vide advertisement no.02/2022. The petitioner was exempted

from appointment on several unreasonable grounds. A few candidates not fulfilling

the sufficient eligibility were given appointment for the post of Headmaster. There

is a breach of fundamental right of petitioner under article 14 and 19 (1) (g),

violation of natural justice, arbitrary action, colourable exercise of power by the

respondent authorities.
To,

The Hon’ble Mr. Justice K Vinod Chandran, the Hon’ble Chief

Justice of the High Court of Judicature at Patna and his Lordship’s

Companion Hon’ble Justices of the said Hon’ble Court.

The humble petition on behalf of the

Petitioner above mentioned.

Most Respectfully Showeth: -

1. That vide the present writ application the Petitioner pray for the
following relief/reliefs:

a) For issuance of an appropriate writ, order or direction in the nature

of writ of mandamus commanding the Respondent authorities to
appoint the petitioner as Headmaster for Senior Secondary Schools
under the category of State Employees on the basis of criteria laid
down by BPSC under advertisement number: 02/2022 dated:
01/04/2022.

b) For an ad interim writ, order or direction staying the operation of

the Advertisement dated:04/03/2022, which is arbitrary, mala fide

and against the interest of the petitioner who have qualified for the

post of Headmaster in Senior Secondary Schools and consider the

amended Advertisement released dated: 01/04/2022.

c) For any other appropriate writ\writs, order\orders or direction/

directions which petitioners deemed entitled to in the light of facts

 and circumstances of the case.

2. That the issues involved in the instant writ application are inter

alia as under:

a) Whether the failure on the part of the Respondent authorities in the

appointment of the petitioner even after fulfilling the criteria laid

down by BPSC under Advertisement No:02/2022, dated:

01/04/2022 for the post of Headmaster till date is bad in law?

b) Whether the action of BPSC regarding the appointment of

Headmasters is discriminatory and violative of the Fundamental

Rights of the petitioners as given under Article 14 and Article 21?

c) Whether the Advertisement dated: 04/03/2022 is arbitrary, mala

fide and without any reasonable justification?

d) Whether the Advertisement no.02/2022 dated 01.04.2022 will

prevail over the Advertisement no.02/2022 dated 04.03.2022?

3. That the Petitioners are citizens of India and reside within the

territorial jurisdiction of this Hon’ble Court.

4. That the State Government in its endeavor to standardize the

education system across the state made it mandatory for applicants

to fulfill the criteria laid down by BPSC under Advertisement No:

02/2022 dated: 01/04/2022 before being appointed as Headmasters

in various Senior Secondary Schools.

5. That from 05/03/2022 to 28/03/2022, the online applications had

 to be submitted on the official website of the Bihar School

Examination Board.

6. That the petitioner has filled the application form on the basis of

the amended Advertisement dated: 01/04/2022.

The Advertisement dated: 01/04/2022 is

attached and annexed as Annexure 1 to

this writ application.

7. That in consonance of the Advertisement, the selection was

conducted for total 6421 posts on 31/05/2022.

8. That the Board published the Merit List showing the result of 421

qualified candidates, in which the petitioner secured 128th rank.

The true copy of the Merit List dated is attached

herewith and annexed as

Annexure 2 to this writ application.

9. That as per the amended Advertisement dated: 01/04/2022, the

experience required by the applicants are as follows:

(a) Minimum 10 years of continuous service on the post of Senior

teacher in Stat Government School under Panchayati Raj

Institution or Municipal Body Institution.

(b) Minimum 12 years of continuous service on the post of

Secondary teacher in school having permanent affiliation from

 C.B.S.E/ I.C.S.E/ B.S.E.B.

(c) Minimum 8 years of continuous service on the post of Senior

Secondary teacher in State Government school under Panchayat

Raj Institution or Municipal Body Institution.

(d) Minimum 10 years of continuous service on the post of Senior

Secondary teacher having permanent affiliation from C.B.S.E/

I.C.S.E/ B.S.E.B.

The calculation of experience shall be made on the basis of

date of joining or from the date of acquiring training

qualification, whichever is later.

10. That the petitioner had served 17 years and 05 months as Education
Instructor/ Teacher (Class: X1) in the Army Educational Corps (Sena

Siksha Corps) from 22 March,2003 to 31 August,2020 and has an

experience of teaching up to Senior Secondary School which is

equivalent to 12th standard in Civil. The true copy of the Human

Resource Development Teaching Experience Certificate by the

(Army Educational Corps) and Trade Proficiency Certificate for Ex-

Servicemen (Indian Armed Forces) are attached herewith and

annexed as Annexure 3 and 4 respectively

to this writ Application.

11.That the petitioner has passed the Diploma in teaching in February in

the year 2004. The true copy of the Diploma Certificate is attached

herewith and annexed as Annexure 5.

12.That the petitioner has qualified B.ED in the year 2011.

 The true copy of the certificate and the marksheet of B.ED is attached

and annexed Annexure 6 to this writ application.

13.That thus as per the Advertisement No:02/2022 dated: 01/04/2022, the

candidate equipped with the essential qualifications required for

the appointment was able to apply for recruitment and has gone

through the Exam conducted by the BPSC authorized in this respect

by the state government.

14.That the petitioner filed an online RTI (Application No:

DMAND/R/T/23/01000) dated 13March, 2023 for the purpose to

provide a comparative information about the job performance of the

service personnel during their engagement in the Army vis-à-vis the

Civilian job.

The true copy of the RTI Application

is attached herewith and annexed as

Annexure 7 to this writ application.

15.That the petitioner (Instructor AEC Special) is compared to Civil

Trade Equivalent to Higher Secondary and High School Teacher in

the reply received of the RTI filed.

The true copy of the reply of the RTI

filed is attached herewith and annexed

as Annexure 8 to this writ application.

16.That the Central Board of Secondary Education has recognized the

Army Secondary School Examination (Class 9 and 10)/ Army Senior

Secondary Examinations (Class 11 and 12) conducted under the

arrangement of the Director of Army Education as equivalent to it’s

 Secondary School Examination and Senior School Certificate

Examination.

The true copy of the letter is attached

herewith and annexed as Annexure 9 to

this writ application. 17.

That also the Right to Life and

Personal Liberty of the petitioner as given

under Article 21 of the Indian

Constitution is being transgressed by the

Advertisement dated: 04/03/2022. The

Hon’ble Supreme Court of India in the

case of Kharak Singh v State of Uttar

Pradesh [1963

AIR 1295] has held that the term ‘life’ is something more than mere

animal existence. The inhibition against its deprivation extends to all

those limbs and faculties by which life is enjoyed. In the landmark

judgement of The Olga Tellis v. Bombay Municipal Corporation

[1986 AIR 180], a 5 judge bench of the Supreme court held that the

right to livelihood is the basic essence of the right to life.

18. That most, importantly without there being any fault on the part of the

petitioner, he has been subjected to the arbitrary rules and there is no

reasonable justification on the part of the respondents in bringing the

rules.

19. That in the facts and circumstances of the case, the petitioner has no

other efficacious remedy than to approach this Hon’ble Court

 under Article 226 and Article 227 of the Constitution of India.

20. That the petitioner has not approached this Hon’ble Court earlier for

the reliefs prayed for in the instant writ application.

21. That the prayers made in the writ application are bona fide and are in

the interest of justice.

It is therefore prayed that your Lordship

may graciously be pleased to issue rule

NISI calling upon the respondents as to

why prayers made in Para 1. Of the

petitioner be allowed and after the cause

shown and hearing the parties be further

pleased to make the rule absolute.

And/or

Pass such other order/orders which your

Lordships may deem fit and proper in the

facts and circumstances of the case.

And for this the petitioner shall ever pray.