PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:
1. No one appears on behalf of the sole respondent though notice has been validly served upon him.
I.A. No. 01 of 2025
2. I.A. No. 1 of 2025 is an application for condonation of delay. The Stamp Reporter has pointed out that there is delay of 100 days in filing this LPA.
3. After hearing the learned counsel for the appellant and going through the averments made in the interim application, we are inclined to condone the delay in filing the present LPA.
4. Accordingly, the delay of 100 days in filing LPA No. 40 of 2025 is condoned.
5. I.A. No. 01 of 2025 stands allowed.
LPA No. 40 of 2025
6. We have already passed an order on 16.03.2026 that the matter will be taken up next week, so that the learned counsel for the appellant will address both on the point of condonation of delay as well as on the merit.
7. Today, learned counsel for the appellant has placed a copy of the judgment dated 08.04.2025 passed by a Division Bench of this Court in L.P.A No. 1030 of 2024, which is taken on record.
8. The present LPA has been filed challenging the order dated 05.09.2024 passed by the learned Single Judge in CWJC No. 13369 of 2024. The writ petition was filed by the respondent Rajiv Kumar seeking for the following relief(s):-
"I. Issuance of Writ, Order, direction in the nature of Mandamus commanding the Respondents especially Bihar Public Service Commission to publish Supplementary, revised merit list for school teachers in Primary School for Class I to V in connection with Advertisement No. 26 of 2023 dt. 30.05.2023, against the vacancies under Economically Weaker Section (EWS) that could not be filed due to in ineligibility/disqualification of provisionally successful candidates for non-passing of the CTET and D.El.Ed. Examination. II. Issuance of Writ in the nature of Mandamus directing the Respondents to consider the case of the Petitioner in the light of Judgment dt. 18.07.2024 passed in C.W.J.C. No.1151 of 2024 (Dhirendra Kumar and Ors. Versus The State of Bihar and Anrs.). III. To issue an appropriate writ/order in the nature of Mandamus commanding the Respondents to publish the result of the Petitioner in the fresh Supplementary List and called the Petitioner for documents verification and accordingly, allot respective schools after the publication of the Supplementary/revised merit list for teachers in Primary school for Class I to V against Advertisement No. 26 of 2023 dt. 30.05.2023 under Economically Weaker Section (EWS).
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM0MCMyMDI1IzEjTg==-12iQj4PxVAs=)
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