DEVENDRA PASWAN Vs. STATE OF BIHAR
LAWS(PAT)-2021-2-3
HIGH COURT OF PATNA
Decided on February 02,2021

DEVENDRA PASWAN Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

AHSANUDDIN AMANULLAH,J. - (1.) Heard Mr. Dinu Kumar, learned counsel for the petitioners; Mr. Madhaw Prasad Yadaw, learned Government Pleader 23 along with Mr. Sanjay Kumar, learned Assistant Counsel to Government Pleader 23, for the State, and; Mr. Gyan Shankar, learned counsel for the Bihar School Examination Board.
(2.) The petitioners have moved this Court praying for the following reliefs: "A. For commanding the respondents to add/amalgamate the sanctioned post of teacher of 33,916 under different subjects of Secondary/Senior Secondary Schools which has been sanctioned by the government on 21.04.2020 as contained in Annexure 10 in the sixth phase of selection of teachers. B. Also for commanding the respondents to fill up the vacant sanctioned post from successful candidates of Secondary teacher eligibility Test, 2011 only thereafter consider the appearing candidates in the Secondary/ Senior Secondary Examination who has not passed STET exam which is going to be held between 09.09.2020 to 21.09.2020. C. For commanding the respondents to appoint first to the petitioners and similarly situated other candidates, who have passed BSITET examination in 2012 against the sanctioned post of Social Science teachers which was lying vacant since 21.06.2017 and subsequently sanctioned post on 14.05.2020 which is evident from Annexure 10. D. Also necessary relief/reliefs, order/orders, direction/directions for the petitioners are entitled in the eye of law."
(3.) Learned counsel for the petitioners submitted that the State Government has itself come up with a detailed schedule with regard to filling up of the vacancies, but they are not implementing the same. Further, it was submitted that a coordinate Bench in CWJC No.20095 of 2019 and its analogous cases vide order dated 18.02.2020, has directed that the vacancies up to June, 2019 shall be made available for teachers, who had qualified the Bihar State Teachers Eligibility Test (hereinafter referred to as the 'STET') in 2012. Learned counsel submitted that the State has not come up with any reason as to why it has not proceeded with such recruitment. Learned counsel submitted that the Court has wide and sufficient power under Article 226 of the Constitution of India to direct the authorities to go ahead and complete such recruitment of teachers.;


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