Patna High Court
Raghwendra Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petitions are consigned as infructuous and dismissed.
Summary
Petitioners, including Raghwendra Kumar Mishra and several doctors, filed writ petitions seeking appointment as Assistant Professors in Ancient History, Cultural and Archaeology under Advertisement No. AP-AIHA-09/20-21 dated 21‑09‑2020. The recruitment process had been withdrawn and stalled, and a notice (No. 833 dated 20‑03‑2025) indicated that the matter was no longer viable. The High Court examined the submissions and noted that the requisition for the post had been withdrawn, rendering the petitions infructuous. Consequently, the Court consigned the writ applications to the status of being infructuous. The petitions were therefore dismissed without further adjudication on the merits.
Issues considered
- What is the effect of the withdrawal of a recruitment requisition on pending writ petitions seeking appointment?
- Can a writ petition be entertained when the underlying matter has become infructuous?
Subjects
- appointment
- assistant professor
- writ petition
- infructuous
- higher education
- public service commission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.131 of 2025
======================================================
Raghwendra Kumar Mishra Son of Akshaiber Mishra, resident of village -
Misrauli, P.O.- Belahi Khas, P.S.- Kateya, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Dept. of Human Resource Development, Govt. of
Bihar, Patna.
3. The Director, Higher Education, Dept. of Human Resource Development,
Govt. of Bihar, Patna.
4. The Bihar State University Service Commission, Patna, 8th floor Bihar
School Examination Board, Academy Building, Buddha Marg, Patna,
through its Authorised Officer.
5. The Chairman, the Bihar State University Service Commission, Patna 8th
floor Bihar School Examination Board, Academy Building, Buddha Marg,
Patna.
6. The Authorised Officer-cum-Secretary, The Bihar State University Service
Commission, Patna, 8th floor Bihar School Examination Board, Academy
Building, Buddha Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 814 of 2025
======================================================
Dr. Mayurakshi Rani @ Mayurakshi Rani D/o Deoki Nandan Prasad, W/o
Lalan Kumar Resident of Village-Bagdov Ward No 08, P.S. Nayagaon,
District-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education (Higher), Government of
Bihar, Patna.
3. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
4. The Bihar State University Service Commision, through the Chairman, 8th
Floor, BSEB Building ADMIN Block), Budh Marg, Patna. Bihar
5. The Secretary, Bihar State University Service Commission, 8th Floor, BSEB
Building (ADMIN Block), Budh Marg, Patna, Bihar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2761 of 2025
======================================================
Dr. Sachin Kumar Resident of Village Murarpur, P.O. Bihar Sharif, P.S.-
Laheri, District- Nalanda at Bihar Sharif.
... ... Petitioner/s
Versus
Patna High Court CWJC No.131 of 2025(4) dt.19-02-2026
2/3
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
4. The Bihar State University Service Commission, 8th Floor, Bihar School
Examination Board, Academic Building, Buddha Marg, Patna-01 through its
Secretary.
5. The Chairman, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academic Building. Buddha Marg, Patna-01.
6. The Secretary, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academic Building, Buddha Marg, Patna-01.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6913 of 2025
======================================================
Kameshwar Prasad Son of Ramji Das, R/o Village- Jirainpar, Jana, P.S.- Sare,
Dist- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Dept. of Human Resource Development, Govt. of
Bihar, Patna.
3. The Director, Higher Education, Deptt. of Human Resources Development,
Govt. of Bihar, Patna.
4. The Bihar State University Service Commission, Patna 8th Floor Bihar
School Examination Board Academy Building, Buddha Marg Patna through
its Authorized Officer.
5. The Chairman, the Bihar State University Service Commission Patna, 8th
Floor Bihar School Examination Board Academy Building, Buddha Marg
Patna.
6. The Authorized Officer cum Secretary, the Bihar State Universiity Service
Commission, Patna, 8th Floor Bihar School Examination Board Academy
Building, Buddha Marg Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 131 of 2025)
For the Petitioner/s : Mr.Suman Kumar Singh
For the Respondent/s : Mrs. Shally Kumari, A.C. to S.C.-24.
(In Civil Writ Jurisdiction Case No. 814 of 2025)
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the BSUSC : Mr. Rakesh Kumar Singh, Advocate
For the Respondent/s : Mr. Sudama Kumar, A.C. to S.C.-12.
(In Civil Writ Jurisdiction Case No. 2761 of 2025)
For the Petitioner/s : Mr.Sanjay Kumar Pandey, Advocate
Patna High Court CWJC No.131 of 2025(4) dt.19-02-2026
3/3
For the BSUSC : Mr.Rakesh Kumar Singh, Advocate
For the Respondent/s : Mr. Ravi Kumar, A.C. to G.P.-13
Mr. Akshay Lal Prasad, A.C. to G.P.-13.
(In Civil Writ Jurisdiction Case No. 6913 of 2025)
For the Petitioner/s : Mr.Suman Kumar Singh
For the Respondent/s : Mr.Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 19-02-2026 Heard the parties.
2. This Court is apprised that the requisition for
appointment to the post of Assistant Professor in the subject of
Ancient History, Cultural and Archaeology in connection with
Advertisement No. AP-AIHA-09/20-21 dated 21.09.2020 has
already been withdrawn and now the entire process has been
stalled. Hence, the present writ petition has become
infructuous.
3. In view of submissions advanced and taking note of
the important notice No.833 dated 20.03.2025, the copy of
which has been placed before this Court, it appears that the
matter has become infructuous.
4. Accordingly, these writ applications stand
consigned.
(Alok Kumar Sinha, J)
sanjeev/-
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