Patna High Court
Ragini KumariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
Holding
The court held that the selection process was lawful, the reservation policy was correctly applied, and the writ petition lacked merit, leading to its dismissal.
Summary
The petitioner, Ragini Kumari, filed a writ petition seeking her appointment as a peon in the District Court, Saran, alleging that the selection process violated natural justice and her fundamental rights. The respondents disclosed that the vacancy was filled through a transparent process under the Bihar Civil Court Staff (Class III and IV) Rules, 2009, with merit and reservation criteria applied. The reservation policy allowed a 3% quota for backward‑class female candidates, but because the quota amounted to less than one post, no such seat could be earmarked. The High Court found no irregularity in the interview, merit‑cum‑selection list, or the preparation of a waiting list, and held that the reservation rules were correctly followed. It also noted that the selected candidates were not parties to the writ, rendering the petition non‑maintainable. Consequently, the petition was dismissed for lack of merit.
Issues considered
- Whether the selection process for the peon posts violated principles of natural justice and the petitioner's fundamental rights.
- Whether the reservation policy for backward‑class female candidates was infringed.
- Whether the writ petition is maintainable when the selected candidates are not parties to the suit.
Subjects
- appointment
- reservation
- natural justice
- writ petition
- peon
- Bihar Civil Court Staff Rules
- gender reservation
- backward class
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16441 of 2013
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Ragini Kumari Daughter Of Janardan Prasad Resident Of Village- Panditpur,
P.O.- Rajgir, P.S.- Rajgir, District- Nalanda
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District and Sessions Judge, Saran, At and P.O.- Chapra, District- Saran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar Singh, Adv.
Mr. Vishesh Kumar Singh, Adv.
For the Respondent/s : Mr. Arvind Ujjwal, Adv.
Mr. Piyush Lall, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 05-01-2026
1. The instant Writ petition has been filed
by the petitioner for a direction to the respondent
No. 2 to select/ appoint the petitioner for the post
of peon in the District Court, Saran at Chapra and
also to stay process of appointment of the
selected candidates.
2. The brief facts, as culled out from the
Writ petition are that on 18.04.2011, respondent
No. 2 published an advertisement for appointment
of the post of Peon in Chapra Civil Court vide
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Employment Notice No. 03/2011, for filling up 25
posts on temporary basis. The petitioner applied
for the said post. After due scrutiny, the appointing
authority issued an interview letter dated
22.03.2013, under his signature, fixing the date of
interview on 05.04.2013. The petitioner appeared
for the interview on the date and time so fixed. The
result was published in the daily newspaper
“Hindustan” on 18.07.2013 by the appointing
authority, wherein 25 candidates were selected in
which no female candidate as per roaster has been
declared pass.
3. It is the specific contention of the
Learned counsel for the petitioner that the action
of respondent authority is illegal and violative of
Principle of natural justice as well as infringement
of his fundamental rights and as such the Writ
petition has been filed.
4. It is pertinent to mention that the
petitioner has not challenged the notification of the
appointment. The specific prayer of the petitioner
is for a direction to appoint and select her to the
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post of peon in the District Court Saran at Chapra.
5. A counter affidavit on behalf of the
respondent No. 2 was filed which disclose that by
Letter No. 1279 dated 22.05.2010, the District and
Sessions Judge, Saran at Chapra informed the
Patna High Court on its administrative side
regarding the vacancy position of Class-IV posts in
Judgeship of Saran, at Chapra. Thereafter, by
Letter No. 11580 dated 09.09.2010, the Patna High
Court directed the District and Sessions Judge,
Saran at Chapra to proceed to fill up 25 vacancies
of Class-IV posts existing in the Judgeship against
the sanctioned strength.
6. In compliance thereof, an advertisement
bearing Employment Notice No. 03/2011 dated
28.04.2011(Annexure-1) was issued by the
Judgeship of Saran, at Chapra inviting applications
for recruitment of 25 Class-IV posts, specifying the
reservation details. Pursuant to the said
advertisement, the petitioner also applied for the
post of Peon under backward class category.
7. The selection process was conducted on
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28.04.2011, in accordance with the Bihar Civil
Court Staff (Class III and IV) Rules, 2009 by holding
interview of eligible candidates, including the
petitioner and marks were awarded on the basis of
their performance in the interview by the selection
committee, of the Judgeship of Saran, at Chapra.
8. After completion of the selection
process, category-wise merit list as well as waiting
list was prepared on the basis of marks obtained
by each of the candidates and the same was
forwarded to the Patna High Court for approval
vide Letter No. 2777 dated 05.07.2013, informing
that while preparing merit list, reservation policy of
State including roster system has been followed.
After due approval by the Patna High Court, the
merit list was published.
9. The counter affidavit further disclose
that 25 posts of peon advertised under
employment notice dated 28.04.2011 were to be
filled as per roster points from Sl. No. 27 onward as
per the reservation rules. It was also found
necessary to prepare a waiting list of 13
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candidates in continuation of the merit list of 25
candidates, in accordance with merit list and
reservation policy. Accordingly, 3% posts under
reservation rules of the State Government policy
was to be reserved provided for Backward Class
female candidates. Since only 25 posts were
advertised, the number of 3% of post for female
backward class came to be less than one post and,
therefore, no post could be earmarked for
reservation under the said category.
10. By Letter No. 9603 dated 11.07.2013,
the Patna High Court informed the District and
Sessions Judge, Saran at Chapra that the merit-
cum-selection list of 25 candidates for appointment
on the post of peon has been approved and further
a direction has been given for preparation of a
waiting list of 13 candidates as per rules. In
compliance thereof, a revised waiting list of 13
candidates was sent for approval vide Letter No.
3184 dated 03.08.2013. The same was approved
and communicated by the Patna High Court vide
Letter No. 11016 dated 23.08.2013. Thereafter, the
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approved list of 25 successful candiates was
published vide notice dated 15.07.2013 (Annexure-
4), and the selected candidates were duly
appointed to the post of Peon.
11. The counter affidavit further disclose
that there was no irregularity in the selection
process and Writ petition itself is not maintainable
in the.
12. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents perused the records.
13. Upon considering the entire material
on record, neither this Court finds no illegality in
the selection process. The reservation policy has
not been violated, as alleged by the petitioner.
Since no reserved seats for backward class female
were available within the 3% limit for a total of 25
posts which would be less than one post. Further,
the cause title of the Writ petition disclose that
only two respondents have been arrayed as parties
and selected candidates have not been arrayed as
parties/respondents. The counter affidavit further
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disclose that selection of candidates was effected
on 15.07.2013 itself and, therefore, the selected
candidates are necessary parties to the Writ
petition.
14. In view of the above discussion, and in
the absence of any irregularity in the selection
process, the Writ petition is devoid of merits in
liminie.
15. In result, the Writ petition is dismissed.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.01.2026
Transmission Date
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