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Patna High Court

Nadeem HassanversusThe State of Bihar

Decided
Disposal
DISPOSED

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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