Patna High Court
Ritu RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the Examination Controller must decide the petitioner's representation within 30 days and communicate the decision within seven days.
Summary
The petitioner, Ritu Raj, applied for the post of Assistant Curator/Research and Publication Officer under Advertisement No. 65/2020 of the Bihar Archaeology Service but was listed as ineligible by the committee on 22‑08‑2024. He filed a representation before the Examination Controller of the Bihar Public Service Commission on 23‑08‑2024, but no decision was communicated. Consequently, he filed a writ petition seeking a certiorari to quash the ineligible list and a mandamus directing the preparation of a list of eligible candidates. The Bihar Public Service Commission acknowledged that a decision had not yet been taken on his representation. The High Court directed the Examination Controller to decide the representation within 30 days of receiving the order and to communicate the decision within seven days thereafter.
Issues considered
- Whether the list of ineligible candidates published by the Examination Controller can be quashed.
- Whether the petitioner is entitled to a writ of mandamus directing the preparation and publication of a list of eligible candidates.
- Whether the Examination Controller is obligated to decide the petitioner's representation within a reasonable time.
Subjects
- writ petition
- certiorari
- mandamus
- eligibility
- public service commission
- Bihar
- archaeology service
- examination controller
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1179 of 2026
======================================================
Ritu Raj Son of Dilip Kumar Sinha, Resident of Dhurlakh, Ward No.-3, P.S.-
Samastipur (M), Dist.-Samastipur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Art, Culture and Youth, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Art, Culture and Youth,
Government of Bihar, Patna.
3. The Director, Archaeology, Bihar, Patna.
4. The Chairman, Bihar Public Service Commission, Bihar, Patna.
5. The Examination Controller, Bihar Public Service Commission, Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Kumar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the B.P.S.C. : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, 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 Bihar Public
Service Commission.
2. The present writ petition has been filed with the
following reliefs:-
“I. For issuance of an
appropriate writ in the nature of
certiorari for quashing the list of
ineligible candidates recommended by
Patna High Court CWJC No.1179 of 2026 dt.03-02-2026
2/3
the committee (Dept.) under the Adv.
No. 65/2020, for the post of Assistant
Curator/Research and Publication
officer/Assistant Director, dated
22.08.2024 published by Examination
Controller, Bihar Public Service
Commission, Patna, whereby and
where under the petitioner has been
declared ineligible for the said post.
II. For issuance of
appropriate writ in the nature of
mandamus commanding and directing
the respondents to prepare and
publish the list of eligible candidates
as per the condition and qualification
laid down in the Advertisement no.
65/2020, who are possessing the
qualification to the post of Assistant
Curator/Research and Publication
officer/Assistant Director (Bihar
Archaeology Service).
III. And for any other
reliefs(s) the petitioner is sought to be
entitled for.”
3. Learned Counsel for the petitioner submits that he
has filled up the application form completely in accordance with
the advertisement, but he was found ineligible. Therefore, he
filed representation before the Examination Controller, Bihar
Patna High Court CWJC No.1179 of 2026 dt.03-02-2026
3/3
Public Service Commission vide Annexure-P/6 on 23.08.2024,
but no decision has been taken from the Bihar Public Service
Commission.
4. Learned Counsel for the Bihar Public Service
Commission submits that B.P.S.C. has taken decision and list
has been published in which name of the petitioner has been
shown as ineligible candidate, but he accepts that on his
representation no decision has been taken as yet.
5. In this background, this Court hereby dispose of the
present writ petition directing respondent No.5, the Examination
Controller, Bihar Public Service Commission, Patna, to take a
decision on the representation of the petitioner within 30 days
from the date of receipt/production of a copy of this order and
shall communicate the said decision to him within seven days
thereafter.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2026
Transmission Date
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