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Patna High Court

Sidharth Shankar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that it could not directly intervene to recalculate the marks but directed the petitioner to file a representation for the Commission to reconsider the award, and disposed of the writ petition.

Summary

The petitioner, Sidharth Shankar Singh, applied for the post of Principal under a Bihar State University Service Commission (BSUSC) advertisement and was awarded a lower academic performance score than stipulated, resulting in a downgraded merit rank. He filed a writ petition seeking recalculation of his academic score and revision of his merit position. The court noted that the grievance pertained solely to the award of marks and referenced earlier decisions (C.W.J.C. No. 2482 of 2025 and Dr. Kumar Chandan vs. Indira Gandhi Institute) which limited judicial interference in selection‑committee decisions. The court held that it could not directly order a recalculation but could direct the petitioner to file a detailed representation before the Commission for fresh consideration. Accordingly, the petitioner was given two weeks to submit his representation and the Commission was instructed to re‑evaluate the marks within four weeks, after which the writ petition was disposed.

Issues considered

  • Whether the court can direct the BSUSC to recalculate the petitioner’s academic performance score and revise his merit position.
  • Whether the marks awarded to the petitioner contravene the stipulations of the advertisement and can be challenged.
  • What is the scope of judicial review over the decisions of a university selection committee in appointment matters.

Legislation cited

Subjects

  • Writ petition
  • Academic performance score
  • Merit position
  • Selection committee
  • Judicial review
  • Right to Information Act
  • University service commission
  • Appointment
  • Marks recalculation

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10283 of 2025
     ======================================================
     Sidharth Shankar Singh Son of Late Dharamdeo Singh Resident of 205,
     Kamla Apartment, Visheweshraiya Nagar, Behind Ishan International Girls
     School, P.S.-Rupaspur, District-Patna

                                                         ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Govt. of Bihar, Patna.
2.   The Bihar State University Service Commission, Patna through its Chairman
3.   The Secretary, Bihar State University Service Commission, Patna.
4.   Prof. Jawahar Lal, Presently Working as Vice Chancellor, Tilka Manjhi
     Bhagalpur University, Bhagalpur, Resident of Road No.5, House No.5, Rajiv
     Nagar, P.S.-Rajiv Nagar, District-Patna.
5.   Prof. Shailendra Kumar Chaturvedi, Presently Working as Vice Chancellor,
     of Veer Kunwar Singh University, Ara, Resident of 303, Minara Tower,
     Omaxe Heights, Vidhutikhand, Gomti Nagar, Lucknow-226016.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Prashant Sinha, Adv.
     For the BSUSC          :     Mr. Tuhin Shankar, Adv.
     For the State          :     Mr. Rajesh Kumar, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 02-02-2026
                Heard Mr. Prashant Sinha, learned Advocate for the

      petitioner and Mr. Tuhin Shankar, learned Advocate for the

      Bihar State University Service Commission. The State is

      represented through Mr. Rajesh Kumar, learned Advocate.

                    2. Before pressing the present writ petition, at the

      outset, learned Advocate for the petitioner made it clear that

      now his grievance is only confined to (i) and (vi), which reads

      as follows:-

                                          “(i) For issuance of necessary
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                                                 direction upon the respondent
                                                 Bihar State University Service
                                                 Commission to recalculate the
                                                 academic performance score of
                                                 the petitioner in terms of
                                                 advertisement               BSUSC/
                                                 PRINCIPAL-01/2023 dated 15-11-
                                                 2023, for the post of Principal, as
                                                 the petitioner had obtained the
                                                 academic performance score of
                                                 556 in terms of Table-II and
                                                 Table- II (A) of the advertisement
                                                 and as such, he was required to be
                                                 awarded with 60 marks for his
                                                 academic performance in terms of
                                                 Table-III of the advertisement, but
                                                 he has been awarded with only 50
                                                 marks, which resulted into
                                                 downgrading of the merit position
                                                 of the petitioner in the final result
                                                 at serial no. 48.
                                                 vi) For necessary direction upon
                                                 the respondent authorities of the
                                                 Commission to revise the merit
                                                 position of the petitioner in the
                                                 result contained in memo no. 1072
                                                 dated        16-04-2025         after
                                                 recalculation of his academic
                                                 performance score and marks
                                                 obtained in fresh interview
                                                 conducted by an interview board
                                                 comprising        of    independent
                                                 members and allot the University
                                                 to the petitioner as per his revised
                                                 merit position and choice given at
                                                 the time of submitting the online
                                                 application.”
                     3. Briefly stated that on the recommendation of the

         Selection Committee constituted by the J.P.University, Chapra,

         the petitioner was appointed as Principal in the J.P.University,
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         and he was posted Narayan College, Goriyakothi, Siwan on

         21.10.2009. Since then, the petitioner has been discharging the

         duty as Principal in the various colleges under the

         J.P.University. The petitioner also functioned as Pro-Vice

         Chancellor of Kameshwar Singh Darbhanga Sanskrit University

         from 20.08.2021 to 19.08.2024.

                     4. In the meanwhile, the Bihar State University

         Service     Commission         published      an   advertisement   being

         numbered 01/2023 on 15.11.2023, inviting application for

         making appointment on the post of Principals in various

         constituent colleges and different Universities. The petitioner

         duly appeared for the interview and finally the result was

         declared vide letter no. 1072 dated 16.04.2025 by the Secretary

         of the Commission and the petitioner was declared successful in

         the unreserved category with its rank at serial no. 48 and

         accordingly posted in Lalit Narayan Mithila University,

         Darbhanga. The petitioner on being dissatisfied with the marks

         and the commensurate position awarded, got an information

         under Right to Information Act and thereupon he came to know

         that he has not been awarded the marks in terms with the

         stipulation of the advertisement. Hence, the present writ

         petition.
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                     5. Mr. Tuhin Shankar, learned Advocate for the

         Commission fairly submitted that it is not the case that the

         petitioner has been declared unsuccessful, rather his grievance is

         only with respect to improper awarding of the marks in terms

         with the prescriptions of the advertisement. Identical issue has

         come up for consideration before this Court in C.W.J.C. No.

         2482 of 2025, wherein the Court having taken note of the

         grievance of the petitioner limited to re-evaluation and scrutiny

         of marks, hold it to be not a matter of right. However, relegated

         that matter to the Commission to re-evaluate the marks obtained

         by the petitioner on the basis of his experience only. Further

         reliance has also been placed on a decision rendered by the

         learned Division Bench in Dr. Kumar Chandan vs. Indira

         Gandhi Institute of Medical Science & Ors., L.P.A. No. 318 of

         2021 specially wherein the Court has been pleased to hold as

         follows:-

                                                 “32. We are of the view that in the
                                                 present case, selection committee
                                                 of eight members, who were
                                                 experts in the field, have assessed
                                                 22 candidates and awarded marks
                                                 under different leads to each of the
                                                 22 candidates by adopting the
                                                 similar criteria. It would not be
                                                 open for this Court to go into
                                                 detail and then to scrutinize the
                                                 decision taken by the selection
                                                 committee. We are of the view that
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                                                 awarding of the marks under head
                                                 (III) to (IX) cannot be said to be
                                                 mechanical exercise or mere
                                                 administrative work or clerical
                                                 work of the selection committee
                                                 and while awarding marks under
                                                 different heads, the committee has
                                                 to consider the relevant aspects. It
                                                 appears that the learned Single
                                                 Judge has carried out the
                                                 impugned exercise as if the
                                                 learned Single Judge was deciding
                                                 the appeal filed by the original
                                                 petitioner against the decision of
                                                 the selection committee. As
                                                 observed hereinabove, such as
                                                 exercise of sitting in an appeal
                                                 over the decision of the selection
                                                 committee is not permissible. It is
                                                 well settled that the scope of
                                                 judicial review is very limited in
                                                 these type of cases and the
                                                 decision of selection committee
                                                 can be interfered with only under
                                                 certain circumstances as held by
                                                 the Hon'ble Supreme Court. In the
                                                 present case, the petitioner has not
                                                 alleged any malafides, bias or
                                                 favoritism on the part of the
                                                 selection committee nor there is
                                                 any illegality or irregularity in
                                                 appointment of the selection
                                                 committee and the procedure
                                                 adopted by the said selection
                                                 committee. Even the decision of
                                                 the selection committee cannot be
                                                 termed as arbitrary and, therefore,
                                                 we are of the view that learned
                                                 Single Judge has, by going into
                                                 the detail and scrutinizing the
                                                 marks, given to the petitioner and
                                                 the private respondent under each
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                                                 head was beyond the purview of
                                                 the judicial review. Accordingly,
                                                 the impugned order passed by the
                                                 learned Single Judge is required
                                                 to be set aside.”
                     6. Having considered the submissions advanced by

         learned Advocate for the respective parties and taking note of

         the fact that the grievance of the petitioner is only confined that

         the marks awarded to him is not in terms with the stipulations of

         the advertisement and the statute and in identical matter the

         learned Single Judge has relegated the matter with a liberty to

         the petitioner to file a detailed representation, bringing all the

         facts before the Commission, who is directed to consider the

         marks awarded afresh, this Court deems it fit and proper to

         dispose of the writ petition in similar terms, giving liberty to the

         petitioner to file a detailed representation, bringing on record all

         the anomalies in awarding the marks as has been mentioned in

         reply to rejoinder of respondent nos. 2 and 3, specially

         paragraph no. 7 to 10 preferably within a period of two weeks

         from today.

                     7. In case such a representation is filed, the

         Commission shall look into the matter and pass appropriate

         necessary orders.

                     8. In case a re-calculation would be required, the same

         shall also be done preferably within a further period of four
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                      weeks’.

                                  9. The writ petition accordingly stands disposed off.




                                                  (Harish Kumar, J)
supratim/-
AFR/NAFR                    NAFR
CAV DATE                    NA
Uploading Date              10.02.2026
Transmission Date           NA


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