IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9588 of 2025 ======================================================

Praveen Kumar & Ors.

... ... Petitioner/s Versus The State of Bihar & Ors.

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

Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the BPSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate Mr. Prabhakar Pahepuri, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

2 17-02-2026 This writ petition has been filed by the petitioners with the following prayer(s):

“(i) Issuance of a declaration holding that the provisions contained under the proviso to Rule 6(i) of Bihar State School Teachers (Appointment, Transfer, Disciplinary Action & Service Conditions) Rules, 2023 (hereinafter referred to as "the 2023 Rules") Providing 50% reservation on the post of school teacher in Class 1 to 5 and 6 to 8 groups is ultra vires, the Constitution of India, as the same being in blatant disregard and violation of the provisions contained under the Bihar Reservation of Vacancies in Posts and Services For Schedule Castes, Schedule Tribes and Other Backward Classes) Act, 1991 (hereinafter referred to as "the 1991 Act") as also, articles 14 and 16 of the Constitution of India;

(ii) Issuance of a declaration holding that the appointments made against the post of teachers in furtherance of the aforesaid 2023 Rules on the basis of advertisement no. 26/2023 in so far asthe female candidates have been extended the benefits of vertical reservation to the extent of 50% in all categories in the matters of appointment against the post of school teachers of class 1 to 5 and 6 to 8 group in different schools under the Education Department of the State Government to be untenable in the eyes of law the same being in blatant disregard and violation of the provisions contained under the 1991 Act, (iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Commission and also, the Education Department of the State Government to take necessary corrective measures towards recalculating the vacancies and accordingly, making recommendations and appointment of persons against the posts of school teachers in class 1 to 5 and 6 to 8 group while properly applying the provisions pertaining to reservation in accordance with the 1991 Act;

(iv) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to consider the cases of the petitioners who had participated in the process of selection conducted pursuant to advertisement no. 26/2023 for appointment against the posts of school teachers in class group 1 to 5 and 6 to 8 who have been wrongly ousted from the zone of consideration on account of the illegalities committed by the Commission in so far as the matter relates to extending benefits of vertical reservation to the extent of 50% in favour of the female candidates in all categories in the process of selection conducted pursuant to the said advertisement no. 26/2023;

(v) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

2. The learned counsel for the petitioners submits that the respondent authorities under the Education Department of the State Government as well as Commission was not justified in extending the benefits of the vertical reservation up to the extent of 50% in all categories in favour of the female candidates in the process of selection conducted pursuant to the advertisement no. 26/2023. The action of respondent is said to be impermissible in the eye of law and in blatant disregard and violation of the provisions contai