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2025 Supreme(Online)(Pat) 402

PATNA HIGH COURT
HONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, J
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Appellant
Versus
Dhirendra Kumar son of Sambhu Prasad Yadav – Respondent


Advocates:
For the Appellant/s:Mr. P.K. Shahi, Advocate General, Mr. Ajay, GA-5, Mr. Saurav Kumar, AC to GA-5
For the Respondent/s:Mr. Y.V. Giri, Sr. Advocate, Mr. Pranav Kumar, Advocate, Ms. Shristi Singh, Advocate
For the Intervenor:Mr. Mrigank Mauli, Sr. Advocate, Mr. Prince Kumar Mishra, Advocate, Mr. Sanket, Advocate, Mr. Navin Kumar Singh, Advocate, Mr. Jagjit Roushan, Advocate
For the Commission:Mr. Sanjay Pandey, Advocate, Mr. Nishant Kumar Jha, Advocate

Table of Content
1. challenging a previous judgment on appointment vacancies. (Para 1 , 2 , 4)
2. claims for supplementary merit list due to disqualifications. (Para 3 , 8)
3. eligibility criteria stated in advertisement for teacher recruitment. (Para 5 , 6)
4. respondents seek to fill vacancies rather than carry them forward. (Para 10 , 24)
5. discretion of recruiting agency in filling positions. (Para 18 , 20)
6. no legal right to appointment, only to be considered. (Para 25 , 26)
7. judgment set aside, appeal succeeds. (Para 27 , 30)

JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 08-04-2025

Heard the learned counsel for the parties.

2. The State of Bihar and the Bihar Public Service Commission (in short the Commission) and others have challenged the judgment dated 18.07.2024 passed by a learned Single Judge of this Court in C.W.J.C. No. 1151 of 2024, whereby the State of Bihar and the Director of Secondary Education have been directed to identify the number of vacancies that had arisen due to non-appointment of the candidates recommended by the Commission as Primary Teachers for Class-I to V pursuant to Advertisement No. 26/2023 for want of requisite qualifications and convey th

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