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Patna High Court

Sudha SinghversusThe Bihar Public Service Commission

Decided
Disposal
ALLOWED

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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