Patna High Court
Rahul Ranjan SinhaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The Court held that the interlocutory applications were defective and dismissed the writ petitions as withdrawn, allowing the petitioners to challenge the rule in a suitable forum.
Summary
The petitioners filed writ petitions challenging the validity of Rule‑5 of the Bihar Veterinary Service (Appointment and Service Conditions) Amendment Rules, 2020 and Clause 5(ii)(h) of Advertisement No. 20/2025 issued under the Bihar Dentists Service Rules, 2014 (as amended in 2023 and 2024), on the ground that the 50 % horizontal reservation provision violated Articles 14, 16 and 21 of the Constitution. The Bihar Technical Service Commission argued that the petitioners had no vested right as the selection results were not yet published, rendering the applications premature. The Court found the interlocutory applications defective, noting that the petitioners had not specifically identified the rule provision alleged to be unconstitutional and had conflated two separate writ petitions. Consequently, the Court rejected the interlocutory applications and dismissed the writ petitions as withdrawn, granting the petitioners liberty to challenge the rule in the appropriate forum.
Issues considered
- The constitutional validity of the 50 % horizontal reservation provision in Rule‑5 of the Bihar Veterinary Service (Appointment and Service Conditions) Amendment Rules, 2020.
- The constitutional validity of Clause 5(ii)(h) of Advertisement No. 20/2025 under the Bihar Dentists Service Rules, 2014 (as amended).
- Whether the petitioners have a vested right to challenge the advertisement before the result is published.
- Whether the petitioners have specifically pleaded the statutory provision that is alleged to be violative of the Constitution.
Legislation cited
- Constitution of India — s. Article 14, Article 16, Article 21
Subjects
- reservation
- horizontal reservation
- constitutional validity
- Bihar Veterinary Service Rules
- Bihar Dentists Service Rules
- advertisement
- writ petition
- procedural defect
- Bihar Technical Service Commission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10244 of 2025
======================================================
1. Rahul Ranjan Sinha S/O Ashok Prasad, Deep Ganga Gas Godam Lane, Near
St Karens School, Gola Road Baily Road Danapur Dinapur Cum Khagaul,
Danapur Cantt P.S.-Danapur, Dist-Patna-801503.
2. Amitabh Sagar S/o Late Vidya Sagar Paswan B-401 Gajanan Parisar
Appartment Arpana Bank Colony, Ranjepal Path P.S. Danapur, Dist-Patna-
801503.
3. Aman kumar S/o Bimlesh Mishra, Trilok Nagar Rashida Chak, VTC-
Sampatchka P.O. and P.S. Pahari, Dist- Patna- 800070.
4. Shakti Kumar Nayak S/o Rajdeo Nayak, 703 A Block. S.B. Residency, P.S..
Shaldapura more Patna-800014.
5. Shrawan Kumar S/o Styamdeo Mehta, Dadhpa, Utarwari Bigha Gram-
Dadhpa Bigha P.O.-Amba, Thana-Kutumba, Dudhpal, Auranabad, Bihar-
824111.
6. Ashutosh Kumar Rai S/o Shrikant Rai, ward No.7 Katra Kala, P.O.and P.S-
Katra kala, Dist-Kaimur (Bhabua) Prihar-821109
7. Mani Bhushan Kumar S/o Ram Prawesh Panjiyar, ward 14 Garam Araria
Bihar-843330.
8. Shivani Mehta D/o Brahmdeo Mahto, State P.S. and P.O- Chhatiara, Dist-
Sheikhpura Prihan-811304.
9. Sania Naz D/o Md Kabirddin Ansari Near Tedhi Bazar Masjid Vill- Tedti
Bagar, Mohiuddin Nagar Samastipur, P.S. Mohiuddin nagar- 848501
... ... Petitioner/s
Versus
1. The State of Bihar Through Chairman Prihar, Technical service.
Commission, 19 Harding Road, Rajbansi Nagar Patna-800061 Bihar.
2. Incharge Secretary Bihar Technical Service Commission 19, Harding Road
Rajbansi Nagar Patna- 800061 Bihar
3. The Director in Chief Department of Health Government of Bihar Patna.
4. The Principal Secretary Department of Health Government of Bihar Patna.
5. Chairman Bihar Technical Service Commission through its Secretary Bihar
Technical service commission 19, Harding Road Rajbansi Nagar, Patna-
800061
... ... Respondent/s
======================================================
WITH
Civil Writ Jurisdiction Case No. 11026 of 2025
======================================================
Shristi @ Shrishti D/o Ashok Kumar, Resident - 278, Ward No.-27, Balutal,
Subash Colony, Motihari (East Champaran), Bihar- 845401.
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
2/8
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Health Department,
Government of Bihar, Patna Bihar.
2. The Incharge Secretary, Bihar Technical Service Commission, 19 Harding
Road, Rajbasni Nagar, Patna- 800061, Bihar.
3. The Director in Chief, Department of Health, Government of Bihar, Patna.
4. The Principal Secretary, Department of Health, Government of Bihar, Patna.
5. The Chairman, Bihar Technical Service Commission through its Secretary,
Bihar Technical Service Commission 19 Harding Road, Rajbanshi Nagar,
Patna-800061.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 10244 of 2025)
For the Petitioner/s : Mr. Binod Kumar Bariar, Advocate
For the Respondent/s : Mr. Anir/// Standing Counsel (24)
Mr. Rajat Kumar Tiwary, AC to SC-24
For the B.T.S.C. : Mr. Nikesh Kumar, Advocate
Mr. Bijay Choubey, Advocate
For the Intervenor : Mr. Niranjan Kumar, Advocate
Mr. Rohan Kumar, Advocate
Ms. Dikshika Singh, Advocate
(In Civil Writ Jurisdiction Case No. 11026 of 2025)
For the Petitioner/s : Mr. Binod Kumar Bariar, Advocate
For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC-20
For the B.T.S.C. : Mr. Nikesh Kumar, Advocate
Mr. Bijay Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 13-03-2026 Ref: I.A. No.1 of 2025 in CWJC No.10244 of 2025
Learned Counsel for the petitioners submits that the
present interlocutory application has been filed for adding them
as intervenor respondents in the present writ petition to oppose
the prayer made in paragraph-1 of the writ petition.
2. Learned Counsel submits that the writ petition was
filed for grant of relief in the nature of declaration that Rule-5 of
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
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Bihar Veterinary Service (Appointment and Service Conditions)
Amendment Rules, 2020 by which a resolution dated
17.09.2018 contained in Memo No.12535 issued from the
General Administration Department of the State in which 50%
horizontal reservation would apply for the candidates who have
passed from veterinary colleges of the State of Bihar has to be
declared ultra vires. The further relief has been made in the writ
petition to quash Clause (1) of Advertisement No.2/2022 with
further relief to issue mandamus commanding the concerned
respondent authorities to refrain from extending the benefit of
50% reservation with other reliefs.
3. Learned Counsel for the Bihar Technical Service
Commission, on the other hand, submits that till date result has
not published from Bihar Technical Service Commission and in
the final selection list name of petitioners of I.A. No.1 of 2025
has not come. It is due to this reason, no right has accrued to
the petitioners of I.A. NO.1 of 2025. Therefore, he submits that
the said is premature.
4. Learned Counsel for the writ petitioners has
pleased to submit that whatever be the reliefs he has demanded
in the present writ petition and whatever the reliefs mentioned
by the intervenor petitioners in the I.A. are quite different.
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
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5. Upon perusal of I.A. No.1 of 2025, it transpires to
this Court that number of the present writ petition is 10244 of
2025 whereas the intervenor petitioners have mentioned in para-
3 about the reliefs relating to another writ petition, namely,
CWJC No.4437 of 2022, the reliefs as mentioned in paragraph
No.3 of I.A. No.1 of 2025 and the relief mentioned in the writ
petition are quite different. Therefore, this Court is of the firm
view that this interlocutory application is basically misguided
and full of defects in the pleading itself.
6. Hence, in this view of the matter, I.A. No.1 of 2025
is hereby rejected without considering the merit or demerit of
the case.
Ref: I.A. No.2 of 2026 in CWJC No.10244 and I.A.
No.1 of 2026 in CWJC No.11026 of 2026
7. The present writ petitioners have filed both the
interlocutory applications for amendment of paragraph-1 of the
main petitions challenging the validity of the Act as well as
Bihar Dentists Service Rules, 2014 and its corresponding
Amendment Rule, 2023 and Amendment Rule 2024 on the basis
of which the commission has issued Advertisement No.20 of
2025. The ground for addition of prayer has been mentioned in
paragraph-3 of both the I.A. that Sub-clause (ii) of Clause-5 of
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
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the said Advertisement No.20/2025 dated 10.03.2025 relating to
non-grant of the benefits of reservation to candidates who have
qualified in B.D.S. degrees from College/Universities situate
outside the State of Bihar for the post of Dentists on vacant post
in the Government is contrary to the provisions of Articles 14,
16 and 21 of the Constitution of India.
8. Learned Counsel for the Bihar Technical Service
Commission, on the other hand, submits that Clause 5(ii)(h) of
the advertisement No.20 of 2025 dated 10.03.2025 has been
published completely in accordance with Bihar Dentists Service
Rules 2014 with its latest amended Rule 2023 and 2024, but in
the writ petitions only advertisement was challenged and in the
present interlocutory applications also there is no specific
pleading that which provision of the the Rule is violative to the
constitution. According to him, in the subordinate legislation,
the actual subordinate legislative provision has to be challenged
which has not been indicated either in the writs or in the I.As.
He further submits that in another case, namely, Puja Sinha
Vs. The State of Bihar CWJC No.11007 of 2025 order dated
21.07.2025 in such type of situation this Court has granted
liberty to challenge the relevant Rule by way of filing a separate
writ petition. The similar circumstances is present in the present
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
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I.As. also. He also submits that on the one hand petitioners
have filed the amendment petition for addition of the prayer
whereas on the other hand they have also filed intervention
petition bearing CWJC No.5898 of 2025, in which the said Rule
is under challenge.
9. Upon perusal of the pleadings made in the I.As. as
well as in the writ petitions, it transpires to this Court that there
is no specific pleading made by the Counsel for the petitioners
that what provision of the Bihar Dentists Service Rules 2014
with Amended Rules 2023 and 2024 have been violated and
Clause 5(ii)(h) of Advertisement No.20 of 2025 has been
published. It has also not been pleaded anywhere that which of
the provisions of the said Rules and its amended Rules are
violative to the constitution either in the writ petitions or in the
interlocutory applications; whereas the observation made in the
case of Puja Sinha Vs. The State of Bihar passed in CWJC
No.11007 of 2025 dated 21.07.2025 whose paragraph Nos.4 to 7
states as follows:
“4. In response thereof, Counsel for the
petitioner submits that another Writ Petition
bearing CWJC No.10244 of 2025 is pending before
this Court, in which next date has been fixed on
29.07.2025 before the appropriate Bench within
top five cases.
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
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5. Upon going through Clause 6(3)(b)
(iii) of the Bihar Dentish Service (Amendment)
Rules, 2023, which states as follows:-
“50 percent horizontal
reservation will also be applicable in
all reservation categories for the
candidates who passed from the
dental colleges located within the
State of Bihar.”
6. It transpires to this Court that the said
advertisement is completely in accordance with the
Rules and from the pleadings it transpires to this
Court that petitioner has not challenged the Rule,
but unfortunately challenged directly to the
Advertisement.
7. In this background, this Court is not
inclined to interfere in this writ petition.
Accordingly, the writ petition stands dismissed. ”
10. This Court is of the firm view that half hearted
draft for amendment in the main prayer cannot be allowed.
Therefore, I.A. No.2 of 2026 in CWJC No.10244 of 2025 and
I.A. No.1 of 2025 in CWJC No.11026 of 2025 are hereby
rejected.
Ref: CWJC Nos.10244 and 11026 of 2025
11. Learned Counsel for the petitioners submits that
permission may be granted to withdraw both these writ petitions
with liberty to challenge the said Rule before appropriate forum.
Patna High Court CWJC No.10244 of 2025(3) dt.13-03-2026
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12. In the light of submissions made by the learned
Counsel for the petitioners, both these writ petitions are
dismissed as withdrawn with liberty to challenge the said Rule
before the appropriate forum.
(Dr. Anshuman, J)
Mkr./-
U
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