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2026 Supreme(Online)(Pat) 557

PATNA HIGH COURT
Arun Kumar Roy – Appellant
Versus
The State of Bihar – Respondent
CWJC-13232/2025



##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13232 of 2025

======================================================

Arun Kumar Roy Son of Lalan Roy, Resident of Village- Basaul, P.O. Balha,

P.S. Kusheshwar Asthan, District- Darbhanga, Bihar, Pin Code- 848209.

... ... Petitioner/s

Versus

1. The State of Bihar through Additional Chief Secretary, Education

Department, Govt. of Bihar, Patna.

2. The Additional Chief Secretary, Education Department, Govt. of Bihar,

Patna.

3. The Secretary, Bihar Public Service Commission, Govt. of Bihar, Patna.

4. The Director, Higher Education, Education Department, Govt. of Bihar,

Patna.

5. The District Education Officer, Darbhanga, Bihar.

6. The Principal, Uchcha Madhyamik Vidyalaya Arai Birdipur, Prakhand-

Singhwara, District- Darbhanga, Bihar.

7. Shanidev Kumar Mandal (Roll No. 703293), through Bihar Public Service

Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna-800001.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Ashish Giri, Sr. Adv.

Mr. Pratik Raj, Adv.

For the Respondent/s : Mr. Ravi Kumar, AC to GP-13

Mr. Akshay Lal Prasad, AC to GP-13

For the BPSC : Mr. Rajni Kant Singh, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 03-02-2026

Heard Mr. Ashish Giri, learned Senior Advocate

through the virtual mode representing the petitioner alongwith

Mr. Prateek Raj, learned Advocate. The State is represented

through Mr. Ravi Kumar, learned Advocate, whereas Mr. Rajni

Kant Singh, learned Advocate appears on behalf of the Bihar

Public Service Commission.

2. The grievance of the petitioner is confined to the

##PAGE2##

Patna High Court CWJC No.13232 of 2025 dt.03-02-2026

2/11

extent that on account of an inadvertent mistake at the time of

submission of the application, for appointment to the post of

Teacher, instead of giving gender male, it has been mistakenly

mentioned as gender female and since there was no provision

for editing the on-line application, the same stands continued

even till issuance of the appointment letter to the petitioner and

only due to such reason the petitioner has not been allowed to

join. In the aforesaid premise, the petitioner has invoked the

jurisdiction of this Court for the following reliefs:-

“i) To issue a writ/order/direction

in the nature of mandamus

directing the Respondent

Authorities to revise the earlier

joining letter of petitioner for

School Teacher (11-12th) issued to

him vide Letter No. DAR/ADV-

22/2024/SPL/GT(11-12)/9480435

by District Education Officer,

District- Darbhanga, dated

10.05.2025 under Bihar Public

Service Commission's Teacher

Recruitment Examination 3.0

("TRE 3.0") vide Advertisement

No. 22/2024 dated 07.02.2024 by

treating the petitioner under Male-

EBC category instead of Female-

Unreserved and thereafter

immediately allow petitioner to

discharge his services in the

school he is entitled to. (Annexure-

P14..Pg129..).

ii) To issue a

writ/order/direction in the nature

of mandamus directing the

##PAGE3##

Patna High Court CWJC No.13232 of 2025 dt.03-02-2026

3/11

Respondent Authorities to revise

the earlier Provisional

Appointment Letter of the

petitioner for School Teacher (11-

12th) issued by District Education

Officer, District- Darbhanga vide

Letter No. DAR/ADV-

22/2024/PAL/(11- 12)/6536029

dated 09.03.2025 under Bihar

Public Service Commission's

Teacher Recruitment Examination

3.0 (TRE 3.0) vide Advertisement

No. 22/2024 dated 07.02.2024 by

treating the petitioner under Male-

EBC category instead of wrongly

mentioned Female-Unreserved

category.

iii) To pass ex-parte/ad-

interim relief during the the

respondent authorities from filling

pendency of this writ application

restraining complete vacancy

under BPSC TRE 3.0 issued vide

Advertisement No. 22/2024 dated

07.02.2024 and keeping one seat

vacant for petitioner in view of

petitioner's rightful cause of

action.

iv) To hold and declare

that the Respondent Authorities

are duty bound to complete the

process of j

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