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 for adherence to eligibility criteria.

CAV JUDGMENT

Date : 18-07-2024

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.

(iii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to consequently, lower down the cut-off date of birth in all the categories in the supplementary / revised merit list for teachers in primary school for Class I-V against advertisement no. 26 of 2023 dated 30.05.2023, and publish the revised merit list accordingly.

iv) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to not merge / include the leftover vacancy of advertisement no. 26/2023 dated 30.05.2023 with the future vacancy of teacher recruitment examination.

v) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to furnish the details of the vacancies accrued in primary teacher for class I to V due to the candidature rejection of successful candidates in want of CTET & D.El.Ed. certificates and for any other reason.

(vi) To hold and declare that the respondent Bihar Public Service Commission is legally bound 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 and thereafter, on the basis of the supplementary / revised merit list for teachers, the appointments be made.

(vii) To any other reliefs for which the petitioners appear to be found entitled by the Hon'ble Court.”

3. The Bihar Public Service Commission (hereinafter referred to as ‘BPSC’) had published advertisement No. 26/2023, dated 30.05.2022 under the signature of the Joint Secretary cum Examination Controller, BPSC inviting on-line applications for 1,70,461 posts for appointment of primary school teachers for class- 1 to 5, Secondary school teachers for class- 9 to 10 and Sr. Secondary school teachers for class 11 and 12. The above advertised posts included 79,943 posts of primary school teachers for class-1 to 5 for the subjects Urdu, Bangla and general subject. For general subject, the number of posts advertised was 67,066. The petitioners are concerned with 67,066/- posts advertised for primary school teachers for general