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Patna High Court

Anuradha Sinha and AnrversusThe Istrict and Sessions Judge Cum Chairman, Appointment Committee Of Munger Judgeship and Anr

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioners filed a writ application seeking a certiorari to quash the result of a recruitment advertisement for Class‑IV posts, alleging that the selection ignored the 35% horizontal reservation for women mandated by a State Government notification dated 20‑01‑2016 and failed to consider their work‑experience weightage. They also requested directions for appointment of the female petitioner under the reservation quota and consideration of the male petitioner's experience. The respondents were the District and Sessions Judge‑Cum‑Chairman of the Appointment Committee and the Judge‑In‑Charge of the Civil Court, Munger. Counsel for the petitioners later sought permission to withdraw the application. The Court granted the withdrawal and dismissed the application as withdrawn, without addressing the substantive issues raised.

Issues considered

  • Whether the final result of advertisement No.01/2017 should be quashed for not providing the 35% horizontal reservation to women as per the State Government notification dated 20‑01‑2016.
  • Whether the work‑experience claimed by the petitioners under paragraph‑9 of the application form must be given weightage in the selection process.
  • Whether the female petitioner is entitled to appointment under the unreserved‑female category within the 35% reservation quota.
  • Whether the male petitioner is entitled to appointment on the basis of his work‑experience as a peon.

Subjects

  • reservation
  • women
  • horizontal reservation
  • public service recruitment
  • writ of certiorari
  • withdrawal
  • appointment
  • work experience

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11974 of 2017
                 ======================================================
           1.     Anuradha Sinha, Wife of Tarakant Sinha, Resident of Nakki Nagar, Kayasth
                  Tola, P.O. and P.S.-Jamalpur, District-Munger.
           2.    Sheshank Kumar, Son of late Mahendra Kumar Sinha, Permanent Resident
                 of Mohalla-Kanchan Singh Bagh, P.O. and P.S.-Hisua, District-Nawadah,

                                                                                    ... ... Petitioner/s
                                                   Versus
           1.    The District and Sessions Judge Cum Chairman, Appointment Committee of
                 Munger Judgeship, Munger.
           2.    The Judge Incharge, Administration, Civil Court, Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mrs. Ritika Rani, Advocate
                                                    Mr. Prashant Sinha
                                                    Mr. Amit Kumar
                                                    Mr. Arvind Kumar Sharma
                 For the Respondent/s       :       Mr. Piyush Lall, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   10-02-2026                     The petitioners have filed the instant application for

                   the following relief(s) :

                                                   “(1) (i) For issuance of writ in the
                                        nature of certiorari for quashing of the final result
                                        dated    29.07.2017      published        pursuant     to
                                        advertisement No. 01/2017, for the post of Class-
                                        IV employees, by the District & Sessions Judge
                                        -Cum-Chairman,       Appointment         Committee     of
                                        Munger Judgeship as the result has been
                                        published without providing 35% reservation to
                                        the women category candidates and ignoring the
                                        work experience of the petitioners.
                                                   (ii) For necessary direction upon the
                                        respondent authorities to follow the Notification
Patna High Court CWJC No.11974 of 2017(4) dt.10-02-2026
                                            2/3




                           dated 20-01-2016 published by the State Govt.
                           providing for 35% horizontal reservation to the
                           women candidates and further to provide
                           weightage of work experience in terms of column-
                           9 of the performa of application pursuant to
                           advertisement no.01/2017 published by          the
                           Judgeship of Munger.
                                       (iii) For holding that the Petitioner
                           no.1 being a women is entitled for the benefit of
                           reservation under the Notification dated 20-01-
                           2016 whereby 35% horizontal reservation has
                           been provided to the women category candidates
                           and going against it the respondent authorities
                           have not appointed any women candidate from
                           the unreserved category.
                                       (iv) For holding that since both the
                           petitioners are having work experience of
                           working on the post of peon and they also claimed
                           the benefit of such experience in terms of
                           paragraph-9 of the performa of application form,
                           their work experience is required to be considered
                           for selection of the petitioners.
                                       (v) For necessary direction upon the
                           respondent authorities to appoint the Petitioner
                           no.1 on Class-IV post under the unreservedfemale
                           category under 35% reservation quota as none of
                           the candidates in such category has been selected.
                                       (vi) For necessary direction to the
                           respondent authorities to consider appointment of
                           petitioner no.2 on class-IV post in the Judgeship
                           of Munger taking into account his work
                           experience on the post of peon as claimed by him
         Patna High Court CWJC No.11974 of 2017(4) dt.10-02-2026
                                                     3/3




                                    in terms of paragraph-9 of the performa of
                                    application form.
                                                (vii) For staying the final result dated
                                    29-07-2017 published by the District & Sessions
                                    Judge -Cum-Chairman, Appointment Committee
                                    of Munger Judgeship pursuant to advertisement
                                    No. 01/2017 during the pendency of this writ
                                    application.
                                                (viii) For any other direction, which
                                    your Lordships may deem fit and proper in the
                                    facts and circumstances of the case.”


                               2. Learned counsel              for the petitioners seeks

                   permission to withdraw this application.

                               3. This application is dismissed as withdrawn.



                                              (Partha Sarthy, J)
Shiv/-

U


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