Patna High Court
Shashi Ahmed KhanversusJnion of India through the Secretary Ministry of Education, Government of India
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The writ application is disposed of as withdrawn, allowing the petitioner to pursue the pending RTI appeal.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 Consequently, the court disposed of the writ application as withdrawn, granting the petitioner liberty to continue with the RTI appeal.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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