Patna High Court
Guddan Kumari and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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/-
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