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Patna High Court

Ritu RajversusThe State of Bihar

Decided
Disposal
DISPOSED

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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