High CourtsDIVISION BENCH(2017) 03 PAT CK 0003

Birbal Yadav, son of Paras Yadav vs The State of Bihar

Patna High Court · Decided on 2 March 2017

HON’BLE JUDGES
Navaniti Prasad Singh, Vikash Jain
RESULT
Disposed off
CASE NUMBER
3829 of 2016 IN LPA 858 of 2016

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Judgment

6 paragraphs · 222 words
1.

We have heard Shri Rajive Kumar Verma, learned Senior counsel and Shri Ashutosh Ranjan Pandey, learned AAG XV for the State.

2.

It is not in dispute that the petitioners of this application acquired the physical training certification in the year,

2012. They pray that in the process of recruitment of about 34,500 Teachers, large numbers of vacancies for Physical Trained Teachers are still continuing. They may be considered for the same.

3.

On the other hand, learned AAG XV points out that this recruitment process had started long before and once that recruitment process had started and these petitioners were ineligible at the initial period, subsequent acquisition of the eligibility would not qualify them for consideration in the process which had already been set in motion.

4.

We have considered the arguments sympathetically and we are of the view that the objection, as raised by the State, is legal, correct and valid. A person, who acquires eligibility subsequently, cannot participate in the selection process which has already started because, on the day when the selection process started, he was ineligible. However, if upon completion of this exercise of recruitment, vacancies still survive, then, pursuant to the fresh selection process to be started, the petitioners should be considered in accordance with law.

5.

With this observation, this application stands disposed of.