Patna High Court
Nadeem HassanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the Bihar Technical Service Commission must pass an order on the petitioner’s representation within thirty days, thereby directing the commission to act on the grievance.
Summary
The petitioner, Nadeem Hassan, applied for a post advertised under Advertisement No. 20/2025 and secured marks above the prescribed cut‑off, but was excluded from further selection stages. He claimed entitlement to an additional 2.65 marks under Clause 5(i)(b) of the advertisement and raised an objection on the commission’s portal, followed by a representation to the Secretary‑in‑Charge of the Bihar Technical Service Commission (B.T.S.C.) which remained unanswered. The petitioner filed a writ petition seeking a mandamus directing the respondents to conduct document verification and to consider his objection. The State of Bihar and the B.T.S.C. contended that the representation was pending and that a reasonable time‑frame could be fixed for a reasoned order. The High Court disposed of the petition, directing the Secretary‑in‑Charge of the B.T.S.C. to pass an order on the petitioner’s representation within thirty days of receipt of the judgment.
Issues considered
- Whether the Bihar Technical Service Commission failed to discharge its statutory duty by not calling the petitioner for document verification despite his qualifying marks.
- Whether the petitioner is entitled to the additional 2.65 marks under Clause 5(i)(b) of Advertisement No. 20/2025 and whether the commission must consider his objection.
- Whether a writ of mandamus can be issued directing the commission to pass a reasoned order on the representation within a specified time‑frame.
Subjects
- Writ Petition
- Mandamus
- Public Service Commission
- Recruitment
- Transparency
- Arbitrary Exclusion
- Document Verification
- Administrative Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1168 of 2026
======================================================
Nadeem Hassan Son of Mohammad Mumtaz Ahmad, resident of Khwaja
Palace, Kutubuddin Lane, Opposite Patna Collegiate School, Dariyapur, P.S.-
Pirbahore, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Health Department, Government
of Bihar, Patna.
2. The Additional Chief Secretary, General Administration Department,
Government of Bihar, Patna.
3. The Chairman, Bihar Technical Service Commission, 19 Harding Road,
Patna- 800001.
4. The Secretary-in-Charge, Bihar Technical Service Commission Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratyush, Advocate
Ms. Tooba Hera, Advocate
Mr. Thakur Brajesh Singh, Advocate
For the Respondent/s : Mr. H.S.S. Singh, Government Pleader (19)
For the B.T.S.C. : Mr. Nikesh Kumar, Advocate
Mr. Pravin Tewari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 03-02-2026
Heard learned Counsel for the petitioner, learned
Counsel for the State and learned Counsel for the Technical
Service Commission.
2. Learned Counsel for the petitioner submits
that the present writ petition has been filed with the following
reliefs:
“ a. For issuance of an appropriate
writ, order or direction, particularly a writ in the
Patna High Court CWJC No.1168 of 2026 dt.03-02-2026
2/3
nature of Mandamus, commanding the
Respondents to discharge their statutory and
public duty in a fair, transparent and non-arbitrary
manner in terms of Advertisement No. 20/2025 and
calling the Petitioner for document verification, as
the petitioner has admittedly secured marks above
the prescribed cut-off for his category, yet has been
arbitrarily excluded from further stages of
selection.
b. For issuance of an appropriate
writ, order or direction, particularly a writ in the
nature of Mandamus, commanding the
Respondents particularly the Bihar Technical
Service Commission (respondent no. 3 & 4), Patna,
to duly consider and decide the objection raised by
the petitioner on the official portal of the
Commission, wherein the petitioner has
specifically demonstrated his entitlement to
additional 2.65 marks strictly in terms of Clause
5(i)(b) of Advertisement No. 20/2025.
c. For issuance of any other
relief(s) to which the petitioner may be entitled to
in the facts and circumstances of the case.”
3. Learned Counsel for the petitioner submits
that for fulfillment of his grievances the petitioner has filed
representation before the Secretary, Bihar Technical Service
Commission, Patna, but no decision has been taken at his level.
4. Learned Counsel for the Bihar Technical
Patna High Court CWJC No.1168 of 2026 dt.03-02-2026
3/3
Service Commission submits that if his representation is
pending, in that case time frame may be fixed within which the
officer shall entertain the representation and pass a reasoned and
speaking order.
5. In this view of the matter, this writ petition is
disposed off directing respondent No.4, the Secretary-in-Charge,
Bihar Technical Service Commission, Patna, to pass order on
the representation of the petitioner (Annexure-10) within 30
days from the date of receipt/production of a copy of this order.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2026
Transmission Date
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