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Patna High Court

Guddan Kumari and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that the Secretary, Bihar Staff Selection Commission must dispose of the pending representations within six months and issue a reasoned order, thereby granting the limited relief sought by the petitioners.

Summary

The petitioners, six candidates who had cleared the written exam for the post of Elementary Teacher, alleged that they were not informed of the scheduled counselling dates and therefore missed the opportunity to appear. They sought a writ of mandamus directing the Bihar Staff Selection Commission (BSSC) to fix a new counselling date and a writ of prohibition to restrain the commission from publishing the final result. The petitioners also requested that pending representations filed by three of them be disposed of within a fixed time. The State and BSSC raised no objection to the limited relief sought. The court, noting the absence of any substantive objection, directed the Secretary of BSSC to dispose of the pending representations within six months after hearing the petitioners and to issue a reasoned order, extending any relief granted to a further three months for the vacant post. The writ application was consequently disposed of with these directions.

Issues considered

  • Whether the Bihar Staff Selection Commission should be compelled by a writ of mandamus to fix a new date for recounselling of the petitioners.
  • Whether a writ of prohibition should be issued to restrain the commission from publishing the final result before addressing the petitioners' grievances.
  • Whether the pending representations filed by the petitioners must be disposed of within a specified time frame.

Subjects

  • Writ of Mandamus
  • Recounselling
  • Bihar Staff Selection Commission
  • Public Service Recruitment
  • Administrative Law
  • Right to Fair Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.10555 of 2018
                 ======================================================
           1.     Guddan Kumari, Daughter of Shri Sugendra Sharma, Resident of Village-
                  Baijalpur, Post Office- Uphara, Police Station- Uphara, District-
                  Aurangabad.
           2.    Bhunilal, Son of Sanoj Kumar, Resident of Villagle- Kaler, Police Station-
                 Kaler, District - Arwal.
           3.    Munna Babu, Son of Shri Ram Kumar Sah, Resident of Village- Kermadih,
                 Post Office- Kermadih Police Station- Kudhni, District- Muzaffarpur.
           4.    Vikas Kumar, Son of Shri Shiv Kumar Das, Resident of Village- Sarmastpur,
                 Post Office- Chowk Sarmastpur, Police Station- Sakra, District-
                 Muzaffarpur.
           5.    Praveen Kumar, Son of Shri Akil Dev Sahani, Resident of Mohalla- Shanti
                 Nagar, Near Maz- 7, Hospital, Post Office- Purnea, Police Station-
                 Khajanchi Hat K.Hat, District- Purnea.
           6.    Sudhir Kumar, Son of Shri Ram Chandra Prasad, Resident of Village-
                 Matihani, Post Office- Mansi, Police Station- Mansi, District- Khagadia.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Education Department Govt. of Bihar, Patna.
           3.    The Chairman, Bihar Staff Selection Commission, Bihar, Patna.
           4.    The Secretary, Bihar Staff Selection Commission, Bihar, Patna.
           5.    The Director, Scheduled Castes and Scheduled Tribes, Social Welfare
                 Department, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :   Mr.Umesh Kumar Mishra
                 For the Respondent/s      :   Mr.Jitendra Kr. Roy No-1-Sc13
                 For Bihar Staff Selection
                 Commission                :   Mr. Satyam Shivam Sundaram, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

7   06-01-2026                   Heard learned counsel for the petitioner, learned

                   counsel appearing on behalf of the respondent-State and learned

                   counsel appearing on behalf of Bihar Staff Selection

                   Commission.
Patna High Court CWJC No.10555 of 2018(7) dt.06-01-2026
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                        2. With consent of the parties, the present writ

          application is being disposed of at this stage itself.

                        3. The petitioner has prayed for grant of following

          relief :-

                                  “(I) For issuance of an appropriate writ in
                      the nature of mandamus for commanding directing the
                      respondent authorities concerned specially the Bihar
                      Staff Selection Commission, Patna to fix a date for
                      recounselling for the petitioners and allow them to
                      participate in the said recounsellilng, who have not
                      appeared in the earlier fixed date of counselling i.e.
                      07.05.2018 and 08.05.2018 due to non communication
                      to the petitioners against the advertisement no.
                      16010116 for the post of Elementary Teacher
                      (Intermediate Trained) in Govt. Ambedkar Residential
                      High School, in which the petitioners have been
                      declared successful in the written part of the said
                      examination.
                                  (II) For issuance of an appropriate writ in
                      the nature of prohibition by restraining the Bihar Staff
                      Selection Commission, Patna to publish the final result
                      and final selection list of Elementary Teacher
                      (Intermediate Trained) in Govt. Ambedkar Residential
                      High School, in which the petitioners are also entitled
                      to be considered for counselling.
                                  (III) For issuance of an appropriate writ as
                      an alternative prayer of the petitioners to dispose of the
                      representation of the petitioners as when petitioners
                      came to know with regard to the counselling/
                      verification of documents on 07.05.2018 and
                      08.05.2018 belatedly on 15.05.2018, due to non
                      communication by the Bihar Staff Selection
                      Commission, Patna either through email, message on
                      their mobile or call letters and as the petitioners are
                      resident of remote areas, they do not always have the
                      access of internet and publication in daily news paper
                      i.e. Hindustan (Hindi Edition) they could not participate
                      in the counselling, for which the petitioners approached
Patna High Court CWJC No.10555 of 2018(7) dt.06-01-2026
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                   the Bihar Staff Selection Commission, Patna and
                   represented on 16.05.2018 by petitioner no. 6 and other
                   petitioners on 21.05.2018 and to some of the petitioners
                   no receiving has been given.
                              (IV) For issuance of any other writ/writs,
                   order/orders, direction/directions for which the
                   petitioners would be entitled in the facts and
                   circumstances of the present case.”

                      4. After advancing some argument, learned counsel

          for the petitioners submits that for the aforesaid relief claimed in

          the present writ application, the petitioner No.1 and petitioner

          No.6 have already filed representation dated 16.05.2018 which

          continues to be pending before the Secretary, Bihar Staff

          Selection Commission and similarly petitioner No.4 has also

          filed representation dated 21.05.2018 before the same authority

          which also continues to be pending. He, therefore, prays that an

          appropriate direction could be issued to the Secretary, Bihar

          Staff Selection Commission to dispose of these three pending

          representations within a fixed time frame after giving an

          opportunity of hearing to the petitioner No.s. 1, 4 and 6.

                      5. To the aforesaid submissions made by learned

          counsel for the petitioners, learned counsel appearing for

          respondent-State as well as respondent-Bihar Staff Selection

          Commission do not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioners, this writ application
            Patna High Court CWJC No.10555 of 2018(7) dt.06-01-2026
                                                       4/4




                      is disposed of directing the Secretary, Bihar Staff Selection

                      Commission to dispose of the pending representations filed by

                      the petitioner Nos. 1, 4 and 6 within six months from the date of

                      receipt of production of a copy of this order after giving an

                      opportunity of hearing to the petitioners.

                                  7. Needless to emphasize that the final order which

                      shall be passed by the Secretary, Bihar Staff Selection

                      Commission should be a reasoned and speaking order.

                                  8. It is further made clear that if the petitioners are

                      entitled to the relief as claimed in the pending representation,

                      then the same should be extended to the petitioners within a

                      further period of three months from the date of passing of this

                      order against vacant post.

                                  9. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                  10. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                      (Alok Kumar Sinha, J)
sanjeev/-

U


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