Md Sameer vs State of Bihar - 2025 Supreme(Pat) 1386

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 1386

HARISH KUMAR
Md Sameer – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: Mr. Adil Abbas.
For the BPSC : Mr. Zaki Haider.
For the State : M/s Addl. AG-(7), Deepak Kumar, AC to AAG-7.

Harish Kumar, J.—Heard the parties.

2. The petitioner, an aspirant for the post of Elementary Teacher of Urdu subject (Class I-V) in connection with Advertisement No. 27 of 2023, has approached this Court seeking issuance of a writ in the nature of mandamus commanding upon the respondent authorities of the Bihar Public Service Commission (hereinafter referred to as the ‘Commission’) to publish the revised merit list for the teachers in Primary School for the afore noted Class in Urdu subject by including the name of the petitioner, on the premise that he has secured 54 marks in the Teachers Recruitment Examination (TRE-II), which is much above the cut off marks of 47 prescribed for the candidates belonging to the Orthopaedically Handicapped, in short, OH Category.

3. By way of Interlocutory Application No. 1 of 2024, the petitioner has also brought on record the fact that a fresh advertisement bearing No. 22 of 2024 has been issued, wherein unfilled vacancies under Orthopedically Handicapped Reserve Category of previous recruitment have been carried forward and merged into the fresh selection process. Hence, the petitioner has sought an amendment in the relief clause praying, therein