The court emphasized the impropriety of changing selection criteria post-initiation of the selection process, upholding fair treatment in administrative decisions.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 13-01-2026 Heard the parties.

2. At the outset, learned Advocate for the petitioners submitted that though initially under the captioned Advertisement No. 22 of 2024, there was no stipulation for awarding marks with regard to experience for rendering as “Guest Teacher”. However, in terms with the decision rendered by a coordinate Bench of this Court dated 29.05.2024, passed in C.W.J.C. No. 2270 of 2024 (Sandeep Kumar Jha & Ors. Vs. The State of Bihar & Ors) whereby the State Government has been directed to take final decision to grant 5 marks for each year of employment and maximum 25 marks to the Guest Teacher, the petitioners have been ousted from the zone of consideration, who were having no teaching experience. Nonetheless, others have been awarded marks for their teaching experience for serving as “Guest Teacher”.

3. The order passed in compliance with the decision rendered by this Court is issued by the Director, Secondary Education, Government of Bihar under letter no. 1470 dated 31.05.2024 after taking consent of the Additional Chief Secretary, Education Department, Government of Bihar, cannot be said to be the decision of the State Government is the contention of the learned Advocate for the petitioners. 4. It has further been contended that the rule of game has been changed during the selection process and for this reason also, the action of the respondents in awarding marks for teaching experience to the “Guest Teacher” is also bad in law.

5. Learned Advocate for the State submitted that the decision to extend the marks for teaching experience is taken in the light of the order of this Court passed in C.W.J.C. No. 2270 of 2024, however, the State being aggrieved with the afore noted order has also preferred L.P.A. No. 593 of 2024, which is pending consideration. It has also been apprised that some of the identical persons have also filed separate Letters Patent Appeals.

6. Considering the fact that some what identical issues are pending consideration before the learned Division Bench of this Court, it would be apt and proper to take up the present matter after disposal of L.P.A. No. 593 of 2024 and other analogous appeals.

7. The petitioners are at liberty to mention the matter after disposal of L.P.A. No. 593 of 2024.

(Harish Kumar, J)