IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11443 of 2024 ======================================================

Md Sameer Son of Md. Wazeer Resident of Nohsa, P.S. and P.O. Phulwari Sharif, District-Patna-801505.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Additional Chief Secretary, Education Department, Government of Bihar, Old Secretarity, Bailey Road, Patna-800015.

3. The Secretary, Education Department, Government of Bihar, Old Secretarity, Bailey Road, Patna-800015.

4. The Director, Primary Education, Education Department, Government of Bihar, Old Secretarity, Bailey Road, Patna-800015.

5. The Bihar Public Service Commission, through its Chairman, 15, Jawaharlal Nehru Marg, Bailey Road, Patna-800001.

6. The Chairman, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, Bailey Road, Patna-800001.

7. The Additional Secretary-Cum-Examination Controller, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, Bailey Road, Patna-

800001.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Adil Abbas, Adv.

For the BPSC : Mr. Zaki Haider, Adv.

For the State : Mr.Addl. Advocate General (7)

Mr. Deepak Kumar, AC to AAG 7 ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 11-11-2025 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, that one post under OH category may be reserved in favour of the petitioner, subject to the final outcome of the present writ petition. The petitioner through said I.A. also prayed for quashing of the resolution dated 22.01.2021 wherein the State has resolved that the candidates claiming reservation under the disability quota shall be accommodated in their category only.

4. The facts, brief stated are that pursuant to the caption advertisement published by the BPSC, the petitioner has applied for the post of Elementary Teacher (Class I-V) in Urdu subject under Orthopedically Handicapped in EWS category. In support of his claim of disability, the petitioner has annexed the disability certificate bearing Certificate No. 4106 dated 27.06.2023, copy of which is enclosed as Annexure-P/6. Subsequently, the admit card was issued in favour of the petitioner, pursuant to which he appeared in TRE-II Examination. The petitioner secured 23 marks in the Language paper, which was qualifying in nature and 54 marks in General Studies paper. Finally, on 27.12.2023, the merit list of the Elementary Teachers of Urdu subject was published by the Commission prescribing the cut off marks for OH Reserve Category at 47. Only 21 candidates were selected in the OH Reserve Category against the notified 72 posts of OH Reserved Category, nonetheless, the name of the petitioner did not find place in the