Patna High Court
Sudha SinghversusThe Bihar Public Service Commission
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Court held that the BPSC erred in declaring the petitioner ineligible; the list of ineligible candidates is set aside for her and she must be permitted to appear for the interview.
Summary
The petitioner, Sudha Singh, applied for the post of Assistant Curator under Advertisement No. 65 2020 of the Bihar Public Service Commission (BPSC). She amended her application to include a postgraduate diploma in Archaeology & Museology dated 3 January 2022 and cleared the written exam, but was later placed in the list of ineligible candidates on the ground that her diploma was obtained after the cut‑off date. The petitioner contended that the first corrigendum (30 December 2022) allowed candidates to edit their applications and that the second corrigendum (7 December 2023) set a new certificate cut‑off of 19 December 2023, which her diploma satisfied. The BPSC argued that the original cut‑off of 30 October 2020 remained applicable and that the petitioner’s diploma was post‑cut‑off. The Court examined the terms of the original advertisement, the corrigenda, and the relevant rule (Clause 8(2) of the Bihar State Archaeology & Museum Service Rules, 2014), concluding that the corrigenda did not alter the original cut‑off date for all categories and that the petitioner’s qualifications were obtained before the later cut‑off of 19 December 2023. Accordingly, the Court set aside the ineligible‑candidates list as it pertained to the petitioner and directed the BPSC to allow her to appear for the interview scheduled on 14 March 2026. The writ application was allowed.
Issues considered
- Whether the cut‑off date for educational qualification certificates can be altered by the BPSC’s corrigenda to accommodate the petitioner’s diploma.
- Whether the petitioner was correctly placed in the list of ineligible candidates on the ground of ‘PG Diploma after cut‑off date’.
- Whether the petitioner is entitled to be included in the list of eligible candidates and to appear for the interview.
Subjects
- recruitment
- eligibility
- cut‑off date
- corrigendum
- public service commission
- interview
- educational qualification
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16895 of 2024
======================================================
Sudha Singh, Daughter of Shiv Badan Ray, Resident of Village- Khairahin,
P.O. Pachpokhari, P.S. Baghaila, Distt. Rohtas.
... ... Petitioner/s
Versus
1. The Bihar Public Service Commission through its Chairman, 15, Nehru
Path, Bailey Road, Patna.
2. The Chairman, the Bihar Public Service Commission, 15, Nehru Path,
Bailey Road, Patna.
3. The Joint Secretary cum Examination Controller, the Bihar Public Service
Commission, 15, Nehru Path, Bailey Road, Patna.
4. The State of Bihar through the Principle Secretary, Art, Culture and Youth
Department, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Satyabir Bharti, Sr. Advocate
Mr. Uday Chand Prasad, Advocate
Mr. Binod Kumar Sinha, Advocate
Mr. Nikhilesh Kumar, Advocate
For the State : Mr. Md. N.H. Khan, SC-1
For the B.P.S.C. : Mr. Zaki Haider, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 12-03-2026
Heard Sri Satyabir Bharti, learned Senior Counsel for
the petitioner and Sri Zaki Haider, learned counsel for the Bihar
Public Service Commission (‘BPSC’ in short).
2. The petitioner has filed the instant application for
the following reliefs :-
“I. For issuance of writ in the nature
of certiorari for quashing of part of the list of
ineligible candidates recommended by the
committee so far petitioner is concerned issued
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on 22.8.2024 by Examination Controller, Bihar
Public Service commission, Patna whereby
petitioner was put in the list of ineligible
candidate on the ground the PG Diploma after
cut off date with respect to Advt. No. 65/2020 for
the post of Assistant curator.
II. For issuance of writ in the nature
of mandamus commanding the Respondents to
put the name of petitioner in the list of eligible
candidates issued by Bihar Public service
Commission Patna in pursuant to advt. No.
65/2020 for the post of Assistant curator as the
petitioner has possessed PG Diploma Degree
within cut off date.
III. For commanding the Respondents
authority concerned to allow the petitioner for
appearing in interview test for the post of
Assistant curator in Art, culture and youth
Department, Bihar Patna in pursuant to advt.
no. 65/2020 published by Bihar Public Service
Commission, Patna as she has succeeded in
written Test.
IV. For issuance of writ, order
direction save and except in accordance with
law.”
3. The case of the petitioner in brief is that the
respondent-BPSC having come out with Advertisement no.65 of
2020 on 30.9.2020 for appointment on the post of Assistant
Curator/Research and Publication Officer/Assistant Director in
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the Department of Art, Culture and Youth, Government of Bihar,
the petitioner being eligible in all respects filed an application
for appointment on the post of Assistant Curator. The petitioner
had got the degree of Master of Arts in Ancient Indian History
& Archaeology on 28.3.2011 from Patna University. It may be
mentioned here that the last date for application against
Advertisement no.65 of 2020 was 30.10.2020.
4. The respondent-BPSC came out with the first
corrigendum to the Advertisement no.65 of 2020 wherein
pursuant to the order passed by this Court the appointment
Rules were amended and certain amendments were also brought
about in the educational qualification.
5. As per the first corrigendum dated 30.12.2022, the
educational qualification required that an applicant should have
obtained postgraduate degree in Ancient Indian History &
Culture/Archaeology and postgraduate diploma in
Museology/postgraduate diploma in Archaeology with a
minimum of 55 percent marks.
6. It is submitted by Mr. Satyabir Bharti, learned
Senior Counsel for the petitioner that the corrigendum provided
that those candidates who had already applied could amend their
qualification using the ‘Edit option’ in the application form.
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Accordingly, the petitioner amended her application by using
the edit option and uploaded the certificate and mark-sheet of
her postgraduate diploma in Archaeology & Museology dated
3.1.2022 issued by the Sampurnanand Sanskrit
Vishwavidyalaya, Varanasi.
7. The petitioner was issued with the Admit Card
bearing Roll no.650655 issued by the BPSC. She appeared in
the written/objective examination conducted on 25.3.2023 and
the results were published on 24.5.2023 wherein she was
declared successful.
8. It is submitted by learned Senior Counsel appearing
for the petitioner that the petitioner was called for interview
which was scheduled to be held on 20.7.2023 and 21.7.2023,
however the dates were subsequently extended to 28.7.2023 and
29.7.2023. The BPSC once again came out with a notice dated
12.7.2023 postponing the interview.
9. Learned Senior Counsel submits that the BPSC
came out with the second corrigendum to Advertisement no.65
of 2020 on 7.12.2023 whereby applications were now invited
from Scheduled Tribes candidates and also candidates belonging
to the Backward Class (Female) category. The written/objective
examination for these two categories was held on 4.2.2024. All
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the successful candidates in the written/objective examination
held on 25.3.2023 including the petitioner herein as also
4.2.2024 were called for document verification on 28.2.2024. As
directed, the petitioner appeared on 28.2.2024 and produced all
the documents with respect to her educational qualification in
original. On 22.8.2024, the respondent-BPSC came out with a
list of ineligible candidates wherein the name of the petitioner
figured at serial no.21 with the remark ‘Ineligible- PG Diploma
After Cut Off Date’.
10. It is submitted by Mr. Satyabir Bharti, learned
Senior Counsel for the petitioner that by the first corrigendum to
Advertisement no.65 of 2020 published on 30.12.2022, the
BPSC had not only given opportunity to the candidates who had
not applied to file their application but had also given
opportunity to the candidates who had filed their applications
pursuant to Advertisement no.65 of 2020 to suitably amend their
applications by use of ‘Edit option’, the last date for online
application in the corrigendum dated 30.12.2022 being
16.1.2023.
11. It is further submitted that the BPSC came out
with a second corrigendum to the Advertisement no.65 of 2020
on 7.12.2023. The same categorically provided that the
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certificates with respect to the amended educational eligibility
and experience as published in the first corrigendum dated
30.12.2022 should have been issued on or before 19.12.2023 or
else the candidature of the applicant would be rejected. It is thus
submitted that both the certificates of the petitioner having been
issued prior to the said cut-off date, the respondent-BPSC erred
in keeping the petitioner in the list of ineligible candidates as
contained in the list dated 22.8.2024. Thus, the said list of
ineligible candidates (Annexure-P/12) be set aside so far as the
petitioner herein is concerned and the respondent-BPSC be
directed to permit the petitioner to appear in the interview
scheduled to be conducted on 14.3.2026.
12. The application is opposed by Mr. Zaki Haider,
learned counsel appearing for the BPSC. It is submitted that so
far as the role of the BPSC is concerned, it is limited to the
extent that after receiving requisition from the concerned
Department of the State Government it advertises the posts on
the basis of the terms and conditions of the requisition, relevant
recruitment Rules and Regulations and after conducting the
selection process, recommends to the Department the names of
the candidates for appointment on different posts. In reference
to the instant case, it is submitted by learned counsel that on
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requisition having been received from the Department of Art,
Culture and Youth, Government of Bihar for filling up of 12
vacant posts of Assistant Curator/Research and Publication
Officer/Assistant Director, the BPSC published Advertisement
no.65 of 2020. It is further submitted that as per Clause 8(2) of
the Bihar State Archaeology & Museum Service Rules, 2014,
the essential education qualification of (a) postgraduate degree
in the Ancient Indian History and Culture/Archaeology/Ancient
Indian and Asiatic Studies/Ancient Indian History and Art
History, (b) postgraduate diploma in Museology/post graduate
diploma in Archaeology with minimum 55% marks were
incorporated in clause 3 of the Advertisement no.65 of 2020.
13. In the meantime, one of the candidates namely
Hari Krishna Prasad moved this Court in CWJC no.496 of 2021
which was disposed of by order dated 28.6.2021 with liberty to
the petitioner therein to approach the authority concerned by
filing a representation for redressal of his grievances. Pursuant
to the direction of this Court in its order dated 28.6.2021, Clause
8(2) of the earlier Rules which dealt with the educational
qualification was substituted. Thereafter, on the request by the
Secretary of the Department to proceed with the Advertisement
no.65 of 2020, the BPSC came out with the first corrigendum
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dated 30.12.2022 with changes in the essential qualifications as
published in the Advertisement dated 30.9.2020.
14. It is submitted by learned counsel appearing for
the BPSC that even as per the corrigendum dated 30.12.2022,
the candidate should have obtained the essential qualification
before 30.10.2020 i.e. the cut-off date in the Advertisement
no.65 of 2020. The petitioner not having the eligibility prior to
the cut-off date of 30.10.2020, she was rightly placed in the list
of ineligible candidates. Learned counsel for the BPSC has
relied upon the judgments of the Hon’ble Supreme Court in the
case of Ashok Kumar Sonkar vs. Union of India & Ors.; (2007)
4 SCC 54 and Divya v. Union of India & Ors.; (2024) 1 SCC
448. The petitioner has not made out any case for interference in
the order dated 22.8.2024 (Annexure-P/12) impugned in the writ
application and as such the writ application be dismissed.
15. Heard learned Senior Counsel for the petitioner
and learned counsel for the BPSC. Perused the material on
record.
16. The relevant facts in brief are that on requisition
having been filed by the Department of Art, Culture and Youth
for filling up the posts of Assistant Curator/Research and
Publication Officer/Assistant Director in the Department, the
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BPSC came out with an Advertisement no.65 of 2020 on
30.9.2020 for filling up the 12 vacant posts.
17. Clause 3 of the advertisement dated 30.9.2020
which dealt with the educational eligibility clearly provided that
all the certificates with respect to the candidate’s educational
qualification should have been issued prior to the last date of
filing the online application which was 30.10.2020.
18. It transpires from the records of the case that the
petitioner who filled up her application had obtained the degree
of Master of Arts in Ancient Indian History & Archaeology on
28.3.2011 from Patna University. On perusal of Clause 3 of the
advertisement dated 30.9.2020 it transpires that the petitioner
though had obtained the postgraduate degree in Ancient Indian
History & Culture/Archaeology much prior to the cut-off date of
30.10.2020, on 28.3.2011 itself, however she did not have the
postgraduate diploma in Museology/postgraduate diploma in
Archaeology with a minimum of 55 percent marks, on the cut-
off date of 30.10.2020.
19. Pursuant to the order passed by this Court in
CWJC no.496 of 2021, having considered the representation
filed by the petitioner therein, the Department carried out
amendment in the Rules with respect to the educational
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qualification and further brought about amendment/clarity in the
educational qualification of Advertisement no.65 of 2020. A
perusal of the first corrigendum dated 30.12.2022 to
Advertisement no.65 of 2020 (Annexure-P/3) would show that
the educational qualification was that the candidate should have
(a) postgraduate degree in the Ancient Indian History and
Culture/Archaeology or Ancient Indian and Asiatic
Studies/Ancient Indian History and Art History, (b) postgraduate
diploma in Museology/post graduate diploma in Archaeology
with minimum 55% marks or 3 years work experience of
excavation/conservation/museum.
20. The first corrigendum dated 30.12.2022 further
provided that eligible candidates who had not filled their
applications earlier could file their applications. It further
provided that those applicants who had filed their online
applications on earlier occasion could make necessary changes
in their application form by using the ‘Edit option’ incorporating
their educational qualifications. The corrigendum provided that
the fresh online applications can be filed starting from 2.1.2023
till 16.1.2023 and the date to edit the applications filed on
earlier occasion was from 2.1.2023 till 23.1.2023.
21. A perusal of the corrigendum dated 30.12.2022
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would show that at the bottom of the corrigendum a note was
clearly provided therein according to which all the necessary
instructions had been provided in detail in the earlier published
advertisement (i.e. Advertisement no.65 of 2020) which was to
remain unchanged. In the opinion of the Court, by the said
corrigendum only the date of filling up fresh online application
had been provided from 2.1.2023 to 16.1.2023 and for online
editing of the earlier application already filed was provided
from 2.1.2023 to 23.1.2023. So far as the last date for the
certificates to have been issued in evidence of the candidate
having the requisite qualification is concerned, in the opinion of
the Court, there was no change by the BPSC in the said
corrigendum which continued to be 30.10.2020 as provided in
the Advertisement no.65 of 2020 published on 30.9.2020.
22. Thereafter, the BPSC came out with a second
corrigendum on 7.12.2023 whereby there was reallocation of the
categories to which the 12 vacancies/seats were going to be
filled up. A perusal of the same would show that while one seat
each in the Unreserved category and the Backward Class
category was reduced, the same were put in the categories of
one seat for Scheduled Tribe (backlog) and one for Backward
Class Female (backlog).
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23. The second corrigendum dated 7.12.2023
provided that the applications could be filed by the applicants
belonging to the categories of Scheduled Tribe and Backward
Class (Female) as both these categories which had no seats on
earlier occasion, by this corrigendum, one seat each had been
allocated.
24. The second corrigendum further provided that so
far as the certificates in evidence of the educational qualification
amended by the first corrigendum dated 30.12.2022 as also the
experience certificate is concerned, both should have been
issued by the issuing authority on or before 19.12.2023 which
was the last date for filling up the application as mentioned in
the said second corrigendum dated 7.12.2023.
25. With respect to the contention made by learned
counsel for the BPSC that the cut-off date with respect to
issuance of certificate being 19.12.2023 as provided in the
second corrigendum was only with respect to the category of the
applicants belonging to Scheduled Tribe and Backward Class
(Female) is concerned, this Court is not in agreement with the
said interpretation by learned counsel for the respondents. It is
for the reason that the last date for issuance of certificates by the
authorities showing the candidate as having educational
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qualification/eligibility cannot be different i.e. one date
(19.12.2023) for the Scheduled Tribe and Backward Class
(Female) and a separate date i.e. 30.10.2020 for Scheduled
Caste, Economically Weaker Section and Unreserved.
26. It is not in dispute that the petitioner got the
degree of Master of Arts in Ancient Indian History &
Archaeology on 28.3.2011 from the Patna University and her
postgraduate diploma in Archaeology & Museology dated
3.1.2022 from the Sampurnanand Sanskrit Vishwavidyalaya,
Varanasi. Both the degree and diploma having been obtained by
the petitioner prior to the cut-off date on 19.12.2023, in the
opinion of this Court, the BPSC erred in placing the petitioner in
the list of ineligible candidates dated 22.8.2024 (Annexure-
P/12).
27. It may be mentioned here that the facts of the two
judgments sought to be relied upon being distinct and different,
in the opinion of the Court, the same are of no assistance to the
respondents in the instant case.
28. Thus in view of the facts and circumstances of the
case, the list of ineligible candidates dated 22.8.2024 published
under the signature of the Examination Controller, BPSC, Patna
is set aside so far as the petitioner is concerned.
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29. The BPSC is directed to permit the petitioner to
appear in the interview scheduled by the BPSC to be held on
14.3.2026 and she be considered for selection/appointment
along with other successful candidates.
30. The writ application stands allowed.
31. Let a copy of this order be communicated to the
Joint Secretary –cum– Examination Controller, Bihar Public
Service Commission, Patna (respondent no.3) forthwith.
(Partha Sarthy, J)
avinash/-
AFR/NAFR
CAV DATE
Uploading Date 12.03.2026
Transmission Date
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