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Patna High Court

Manoj KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The court held that there was no illegality in the petitioner’s non‑selection as the eligibility criteria under Rule 5 of the Bihar Excise Constable Cadre Rules, 2014 were correctly applied.

Summary

The petitioner, an ex‑service defence personnel, applied for appointment as an Excise Constable under Advertisement No. 1 of 2015 but was rejected because he did not possess an intermediate (10+2) qualification from a board or council recognized by the State/Center, as required by Rule 5 of the Bihar Excise Constable Cadre (Appointment & Service Conditions) Rules, 2014. He contended that a 1986 Ministry of Personnel notification allowed matriculate ex‑servicemen with 15 years of service to be considered eligible for Group‑C posts requiring graduation, and sought writs of certiorari and mandamus to quash the selection decision. The respondents argued that the advertisement expressly incorporated Rule 5, which the petitioner failed to satisfy, and that the 1986 notification merely gave discretion to the employer. The Court examined the eligibility criteria and found that the petitioner’s Army graduation certificate did not meet the intermediate qualification requirement and that the cited Rajasthan High Court cases were not applicable. Consequently, the Court held there was no illegality or arbitrariness in the non‑selection and dismissed the petition.

Issues considered

  • Whether the petitioner’s non‑selection violated the reservation provisions for ex‑service personnel under the 1986 Ministry of Personnel notification.
  • Whether Rule 5 of the Bihar Excise Constable Cadre Rules, 2014, requiring an intermediate (10+2) qualification from a recognized board, is a mandatory eligibility condition for ex‑service candidates.
  • Whether the selection process was illegal, arbitrary or mala‑fide, justifying writs of certiorari or mandamus.
  • Whether the petitioner’s Army graduation certificate can be treated as a valid educational qualification under the said rules.

Legislation cited

Subjects

  • ex‑service reservation
  • educational qualification
  • recruitment rules
  • Excise Constable
  • selection board
  • illegal arbitrary action
  • writ of certiorari
  • mandamus

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1465 of 2017
     ======================================================
     Manoj Kumar Son of Sri Jaynath Prasad, Resident of Village Sikanderpur
     Post Katesar, Police Station- Bihta, District- Patna.

                                                                  ... ... Petitioner/s
                                          Versus
1.   The State of Bihar
2.   The Chairman, Central Selection Board of Constable Shri Sal Tara Complex,
     I.A.S. Colony, Bailey Road, Patna Bihar.
3.   The Secretary, Central Selection Board of Constable, Shri Sal Tara Complex,
     I.A.S. Colony, Bailey Road, Patna Bihar.
4.   The Examination Controller, Registration, Excise, and Prohibition,
     Department, Constable Excise, Patna Bihar.
5.   The Union of India through Secretary Ministry of Personnel, Public
     Grievances and pensions (Department of personnel & Training) New Delhi.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Ravi Kant Kumar, Advocate
     For the State          :        Mr. Pankaj Kumar Singh, AC to GA- 9
     For the UOI            :        Mrs. Kanak Verma, CGC
     For the CSBC           :        Mr. Sanjay Pandey, Advocate
                                     Mr. Binod Kumar Mishra, Advocate
                                     Mr. Vivek Anand Amritesh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 06-01-2026

                       1. Heard learned counsel for the parties.

                       2. The petitioner has filed the instant application

       for the following reliefs:

                                            “(A) Issue writ of certiorari, for
                                the Memo no. 177/C.S.C (R.T.I) dated
                                30.12.2016 (Annexure-8) information got
                                under right to information Act, by issued by
                                the Authority Central, Selection Board of
                                constable, Bihar, Patna to the petitioner
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                                 whereby and where under claim of the
                                 petitioner for his appointment as Excise
                                 constable as per Advertisement/Notification
                                 No. 01/2015 has been rejected in illegal
                                 Arbitrary,      manner     against       the   25%
                                 Reserved category Ex-Service (Defence) as
                                 per Reservation chart also on the ground to
                                 that his graduation certificate issued by
                                 depot, Coy (MT/Sup) ASC Centre South)
                                 C/O ASC, Centre & College, Bangalore
                                 560007, as per guide line acquisition of
                                 educational qualifications No. 15012, 8/82
                                 Esst. (D) Government of India, Ministry of
                                 Personnel, Public Grievances and pensions
                                 (Department of Personnel & Training New
                                 Delhi, dated 12 February 1986 is not valid
                                 certificate to appointment/selection in the
                                 post of Excise Constable. As per said
                                 Advertisement/notification         No.    01/2015,
                                 Central selection Board of constable.
                                 Without verify the facts and legality of the
                                 said graduation Certificate by competent
                                 authority in this regard.
                                                 (B) To issue further writ of
                                 certiorari to th quash the notification dated
                                 25th February, 2014, Bihar Excise constable
                                 cadre, (Selection and service Condition) of
                                 Para-05 which is wrongly explanation.
                                                 (C)   To   issue   the     writ   of
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                                 mandamus commanding the Respondent to
                                 discharge       there     legal   obligation    to
                                 appointment to the petitioner on the post of
                                 Excise Constable under State of Bihar is
                                 several District in which final merit list be
                                 published but petitioner name not found in
                                 the said list under Malafide and arbitrary
                                 action.
                                                 (D) For proper action against
                                 responsible respondents involved in such
                                 illegal manner in selection of said process.
                                                 (E)     For   any    relief/reliefs
                                 petitioners may be found entitled to.”

                         3. The case of the petitioner in brief is that the

         respondents having come out with Advertisement no. 1 of 2015

         for appointment as Excise Constable, the petitioner who belong

         to the category of ex-service (defence personnel) filed an

         application for appointment.

                         4. It is the case of the petitioner that he has not

         been selected on the ground that as per Rule 5 of the Bihar

         Excise Constable Cadre (Appointment & Service Conditions)

         Rules, 2014 (hereinafter referred to as ‘the Rules’), the

         candidate should have passed the intermediate examination

         from a Board/Council recognized by the State/Central

         Government or should have passed an equivalent examination.
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                         5. It is submitted by learned counsel for the

         petitioner in reference to notification dated 12.2.1986

         (Annexure-6) of the Ministry of Personnel, Public Grievances

         and Pensions (Department of Personnel & Training) that for

         appointment to any reserved vacancy in Group-C posts, a

         matriculate ex-servicemen who has put in 15 years or more of

         service in the Armed Service of the Union may be considered

         eligible for appointment to the post for which essential

         educational qualification prescribed is graduation.

                         6. Learned counsel for the petitioner further

         submits that the petitioner having worked as a driver in the

         Indian Army for 17 years from 25.8.1994 to 31.8.2011, as

         evident from the Indian Army Graduation Certificate dated

         31.8.2011 (Annexure-5), his application for appointment

         should not have been rejected on this ground. Reliance is

         placed by learned counsel for the petitioner on the judgments

         of the Rajasthan High Court brought on record as annexures to

         the supplementary affidavit filed by him.

                         7. In response, opposing the writ application,

         learned counsel for the respondents submits that in the

         Advertisement no. 1 of 2015, the eligibility of the candidate

         has been taken from Rule 5 of the Rules which is to the effect
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         that the candidate should have passed the intermediate (10+2)

         examination on 1.1.2015 from a Board/Council recognized by

         the State/Central Government or he should have passed an

         equivalent examination. It is submitted that admittedly the

         petitioner had not passed any intermediate examination

         conducted by a recognized Board/Council nor has he passed

         any equivalent examination.

                         8. Learned counsel for the respondents further

         submits that so far as reliance on the judgment of the Rajasthan

         High Court is concerned, the Rules herein were not a subject

         matter in the said case. Further even in the notification dated

         12.2.1986, reliance on which has been placed by learned

         counsel for the petitioner, discretion has been given to the

         employer for considering the eligibility for appointment on the

         respective posts. The relevant clause with respect to eligibility

         being clear in Advertisement no. 1 of 2015, there is no

         illegality in non-selection of the petitioner. It is lastly submitted

         that    final    result    has    been       published   on   15.12.2016,

         appointments pursuant thereto have been made and subsequent

         advertisements have also been published for filling up the

         subsequent vacancies.

                         9. Heard learned counsel for the petitioner, learned
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         counsel for the respondents and perused the material on record.

                         10. The relevant facts in brief are that the petitioner

         having applied for appointment as Excise Constable against

         Advertisement no. 1 of 2015 in the category of ex-service

         (defence personnel) on not having been appointed, has

         preferred the instant application for the relief as stated herein

         above.

                         11. The case of the petitioner is that from the

         graduation certificate of the Indian Army issued to him on

         31.8.2011, it would transpire that he served in the Indian Army

         as a driver for 17 years from August 1994 to August 2011.

                         12. The reason for non-selection of the petitioner

         as Excise Constable, as reflected from the letter dated

         30.12.2016 (Annexure-8) written by the Public Information

         Officer, Central Selection Board (Constable Appointment),

         Bihar, Patna to the petitioner is that in support of his

         educational qualification submitted for selection, the petitioner

         has produced the Army Graduation Certificate and not a

         certificate     of    any     Board/Council    recognized     by   the

         State/Central Government.

                         13. At this stage, it would be relevant to note that

         clause 5 of the Rules (Annexure-3) provides the educational
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         qualification which is that a candidate should have passed

         intermediate (10+2) or equivalent examination from a

         Board/Council recognized by the State Government/Central

         Government.

                         14. It may be mentioned here itself that a copy of

         the Advertisement no. 1 of 2015 has been brought on record as

         Annexure-B to the counter affidavit filed on behalf of the

         respondent nos. 2 and 3 and the educational qualification

         mentioned therein is a reproduction of clause 5 of the Rules

         with a further condition that the candidate should have passed

         the same on or before 1.1.2015.

                         15. So far as the petitioner herein is concerned, in

         support of his educational qualification, along with his

         application he submitted a copy of the graduation certificate

         dated 31.8.2011 (Annexure-5) issued by the Indian Army.

         There is no dispute with the fact that it is not a certificate with

         respect to an intermediate (10+2) or its equivalent conducted

         by      a      Board/Council            recognized   by   the   State

         Government/Central Government.

                         16. So far as the judgments relied on by learned

         counsel for the petitioner is concerned, it may only be observed

         here that the same are of no assistance to the petitioner for the
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                      reason that Rule 5 of the Bihar Excise Constable Cadre

                      (Appointment & Service Conditions) Rules, 2014 which has

                      been reproduced as the eligibility criteria in the Advertisement

                      no. 1 of 2015 was not a subject matter of the cases being relied

                      on by learned counsel for the petitioner.

                                      17. In view of the facts and circumstances stated

                      herein above, the Court finds no illegality in the petitioner not

                      having been selected as an Excise Constable pursuant to his

                      application made against Advertisement no. 1 of 2015. The

                      Court finds no merit in the instant application.

                                      18. The application is dismissed.




                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          7.1.2026
Transmission Date       NA


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