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NANI TAGIA
Dhirendra Kumar – Appellant
Versus
State of Bihar – Respondent
Nani Tagia, J.—Heard Mr. Y.V. Giri, learned Senior counsel for the petitioner; Mr. Yogendra Prasad Sinha, learned AAG-7, representing the respondent-State and Mr. Lalit Kishore, learned Senior counsel for the respondent-B.P.S.C.
2. The petitioners have filed this writ petition with the following prayers:—
“(i) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondent Bihar Public Service Commission to publish the supplementary / revised merit list for teachers in primary school for Class I-V in advertisement no. 26 of 2023 dated 30.05.2023, against the vacancies that could not be filled due to ineligibility/disqualification of provisionally successful candidates for non-passing of the CTET and D.El.Ed. Examination.
(ii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to publish the result of the petitioners in the fresh supplementary list and call the petitioners for document verification and accordingly, allot respective schools after the publication of the supplementary / revised merit list for teachers in primary school for Class I-V against advertisement no. 26 of 2023 dated 30.05.2023.
(ii
The B.P.S.C. is required to publish a supplementary merit list for vacancies arising from ineligible candidates, affirming that recommendation does not guarantee appointment and emphasizing the need ....
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
The main legal principle established is the requirement for fairness and equal opportunity in the selection process, as well as the need to address the grievances of candidates who were not part of t....
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
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