UMMI ZEENAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed challenging the provisions of Rule 12(V) of the Bihar Panchayat Prarambhik Shikshak (Niyojan evam Seva Shart) (Sansodhan) Rule, 2015 wherein for the purpose of clearing the Teacher Evaluation Test (in short the "TET") three opportunities are being granted.

(2.) Challenging the provisions only granting three opportunities, the writ petition in question has been filed and it is prayed that the amended provision made by resolution no. 7 dated 03.07.2009 be declared as ultra vires. However, during the course of hearing, Sri Vikash Kumar, learned Government Advocate informs us that the matter has been put to rest and the question involved in the writ petition has been decided by the Hon'ble Supreme Court in the case of Nirmala Kumari and others and State of Bihar and others, 2017 4 PLJR 356 and in para 6, 7 and 8 in the aforesaid judgment, the Hon'ble Supreme Court has issued the following directions:

(3.) Keeping in view the aforesaid submission made by Sri Vikash Kumar, learned Advocate and the directions issued by the Hon'ble Supreme Court hereinabove, we are of the considered view that now no further indulgence into the matter calls for, the State is now required to proceed in the matter as already directed by the Hon'ble Supreme Court and grant benefit, if any, to the petitioners based on the aforesaid direction.