Compliance with prescribed minimum qualifying marks is essential for eligibility in educational recruitment processes.

ORAL JUDGMENT

Date : 14-10-2025 Heard the parties.

2. The petitioner is one of the aspirant for the post of Senior Secondary Teacher in terms with Advertisement No. 26/2023 has approached this Court seeking a direction upon the respondents to include his name in the list of successful candidates published on 18.10.2023, issued under the signature of Examination Controller-cum-Joint Secretary in the subject of Botany for appointment to the post of Senior Secondary Teacher. A prayer has also been made to disclose the cut off score fixed against the Backward Class Category in he subject of Botany and to consider his candidature for appointment.

3. Mr. Dinu Kumar, learned Advocate for the petitioner taking this Court through the relevant prescription of the Advertisement No. 26/2023 has submitted that admittedly total 2738 posts were published for appointment to the post of Senior Secondary Teachers in subject of Botany and the petitioner belongs to Backward Class category, for which total 215 posts were published. In terms with Clause 6 of the Advertisement, the minimum percentage was fixed for appearing candidates to secure in the written examination against the category of unreserved is 40%, for Backward Class category is 36.5%, for Extremely Backward Class is 34% and for Scheduled Caste, Scheduled Tribe, Unreserved female, Physically Disabled candidate is 32%. It was made clear that the candidates, who failed to obtain the minimum percentage as mentioned above in their respective categories will be considered out of selection process.

4. Referring to the corrigendum letter, the copy of which is marked as Annexure-P/5, it is further submitted that it was mandatory to obtain the qualifying marks provided the same shall be relaxed to the extent required for sending recommendation up to 75% of the total vacancies or total candidates, whichever is less, in the interest of candidate. He further submits that the petitioner had secured 42 marks in Teachers recruitment examination, nonetheless the candidates, who secured less than 42 marks, they have been declared successful.

5. Referring to the final result, it is further contended that the final result also does not disclose under which category the candidates have been declared successful and in fact all of them have been shown to be selected against the unreserved category. The entire result is said to be not in consonance with the terms of the advertisement, which is required to be revisited.

6. On the other hand, learned Advocate for the Commission while refuting the submissions aforenoted has submitted that admittedly the petitioner had secured 42 marks, out of 120 marks, which comes to less than 35% and, as such, the petitioner has been declared not successful. It is further clarified that the petitioner was a candidate for the post of Senior Secondary Teacher for Class-XI and XII in the subject of Botany under Backward Class (05) under the captioned advertisement however, he could not achieved the minimum qualifying marks, therefore, his case has not been considered. Referring to Clause 6 of the Advertisement, he further submits that according to the resolution contained in memo No. 2374 dated 16.07.2007 and letter no. 6706 dated 01.10.2008 of Personnel Administrative Reforms Department, Government of Bihar, it was mandatory for the candidate of Backward Class Category to obtain 36.5% in the written examination.

7. Drawing the attention to the merit list of the successful candidate (Annexure-8 to the writ petition) it is submitted that only the candidates of unreserved (01) category have been declared successful; Though, the Commission published the cut off marks in different categories on 25.10.2023 for different classes, including Class-XI and XII, under the captioned advertisement. The said cut off chart manifestly shows that apart from unreserved category, not a single candidate was available in other categories having minimum qualifying marks. Therefore, their results was n