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Patna High Court

Shashi Ahmed KhanversusJnion of India through the Secretary Ministry of Education, Government of India

Decided
Disposal
WITHDRAWN

Holding

The writ application is disposed of as withdrawn, allowing the petitioner to pursue the pending RTI appeal.

Summary

The petitioner, Shashi Ahmed Khan, filed a writ petition seeking the merit list, score card, and ranking of the selection for the post of Store Purchase Officer, as announced on 15-10-2025, and also requested that the authorities not accept the joining of the declared successful candidate, Sunil Kumar Mishra. He had earlier filed an RTI application to obtain the same information but alleged that the response was incomplete, prompting an appeal under the RTI Act on 13-01-2026 (Appeal No. 601979 of 2026). The petitioner subsequently moved the court to withdraw the writ application, arguing that the appeal should be pursued independently. The court examined the procedural posture and found no merit in continuing the writ proceeding while the RTI appeal was pending. Consequently, the court disposed of the writ application as withdrawn, granting the petitioner liberty to continue with the RTI appeal.

Issues considered

  • Whether the writ petition seeking disclosure of the merit list and direction to halt the appointment of the declared successful candidate should be entertained when an RTI appeal is pending
  • Whether the court can compel the respondents to provide the merit list/score card under the Right to Information Act

Legislation cited

Subjects

  • RTI
  • writ petition
  • merit list disclosure
  • public authority
  • administrative law
  • appointment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1668 of 2026
                 ======================================================
                 Shashi Ahmed Khan S/o Wazir Ahmed Khan, R/o village Piru, P.S.Haspura
                 District Aurangabad.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    Union of India through the Secretary Ministry of Education, Government of
                 India
           2.    The Secretary, Ministry of Education, Government of India.
           3.    The Director, the National Institute of Technical Teachers Training and
                 Research Centre, Ministry of Education, Government of India.
           4.    The Director, the National Institute of Technical Teachers Training and
                 Research, Bhopal.
           5.    The Dean Administration, the National Institute of Technical Teachers
                 Training and Research, Bhopal.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Singh, Advocate
                 For the Respondent/s     :      Addl. Solicitor Genral Of India
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   06-02-2026                    The petitioner has filed the instant application for

                   the following reliefs:

                                        “That the present writ is being filed for issuance
                                        of writ/writs, order/orders, direction/directions
                                        to the concerned respondents to provide merit
                                        list/score card and ranking of the result of the
                                        selection/appointment of Store purchase officer,
                                        published    on     15.10.2025(ANNEXURE-P/6),
                                        pursuant to the advertisement no.1/2024-2025,
                                        published by the National Institute of Technical
                                        Teachers Training and Research, Bhopal to the
                                        petitioner and further for a direction to the
                                        concerned respondents not to accept the joining
          Patna High Court CWJC No.1668 of 2026(2) dt.06-02-2026
                                                      2/2




                                       of Sunil Kumar Mishra, declared as a successful
                                       candidate in the result dated 15.10.2025
                                       (ANNEXURE-P/6). And also for necessary
                                       relief/reliefs, order/orders, direction/directions
                                       for which the petitioner will be entitled in the
                                       law as well as in the facts of the case.”
                                 2. It is submitted by learned counsel for the petitioner

                    that in connection with prayer made in the instant application,

                    the petitioner filed an application under the RTI Act before the

                    respondent authorities and not having got a proper and complete

                    reply to his application, he filed an appeal on 13.1.2026 which

                    has been registered vide Appeal no.601979 of 2026.

                                3. Learned counsel for the petitioner submits that the

                    instant application may be disposed of as withdrawn giving

                    liberty to the petitioner to pursue the said appeal which may be

                    disposed of at the earliest.

                                4. In view of the above, the application stands

                    disposed of as withdrawn with the aforesaid liberty.


                                               (Partha Sarthy, J)

Bibhash

U


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