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Patna High Court

Dr. Ravindra Kumar MishraversusThe Bihar State University Service Commission

Decided
Disposal
DISMISSED

Holding

The writ application is not maintainable as it seeks the same relief previously withdrawn without liberty to re‑file, and is dismissed as an abuse of process.

Summary

Dr. Ravindra Kumar Mishra filed a writ petition seeking certiorari and mandamus to set aside the final result of the Bihar State University Service Commission’s selection for Assistant Professor (Sahitya), alleging that ten marks for his research publications were illegally ignored, leading to his exclusion from interview and final selection. The petitioner claimed a vacancy existed in the unreserved category and demanded his appointment. The respondents contended that the petition was not maintainable because the same relief had already been sought in a prior writ (CWJC No.16039 of 2024) which was dismissed as withdrawn, and no liberty to file a fresh petition was granted. The Court examined whether a fresh petition could be entertained after a withdrawal without explicit permission and held that it could not, deeming the filing an abuse of process. Consequently, the Court dismissed the present writ application as not maintainable and imposed a cost of Rs.10,000 on the petitioner.

Issues considered

  • Whether a fresh writ petition seeking the same relief as a previously withdrawn petition is maintainable without a liberty to re‑file.
  • Whether the petitioner’s claim of abuse of process warrants dismissal of the petition.

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • maintainability
  • abuse of process
  • withdrawal of petition
  • higher education recruitment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1690 of 2026
                 ======================================================
                 Dr. Ravindra Kumar Mishra Son of Late Liladhar Mishra, Resident of Village
                 and P.O. Muraitha, P.S. Jale Via Kamtaul, Ward No.-11, District- Darbhanga.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The Bihar State University Service Commission through the Chairman, 8th
                 Floor, BSEB Building (ADMIN Block), Budh Marg, Patna, Bihar.
           2.    The Chairman, Bihar State University Service Commission, 8th Floor,
                 BSEB Building (ADMIN Block), Budh Marg, Patna, Bihar.
           3.    The Secretary, Bihar State University Service Commission, 8th Floor, BSEB
                 Building (ADMIN Block), Budh Marg, Patna, Bihar.
           4.    Gopal Kumar Jha, having UID No.GOP05041986 SAH0031154, selected at
                 Sr. No. 6 under Unreserved Category in the merit list published dated
                 08.06.2024 in Sahitya Subject, through The Secretary, Bihar State University
                 Service Commission, 8th Floor, BSEB Building (ADMIN Block), Budh
                 Marg, Patna, Bihar 800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Sanjay Kumar, Adv
                 For the State    :               Mr.Anjani Kumar, Adv
                 For the B.S.U.S.C Res 1 to 3     Mr.Santosh Kumar Singh, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   05-02-2026                    Heard learned counsel for the petitioner, learned

                   counsel appearing for the respondent nos. 1 to 3.

                               2. The petitioner in the present writ application has

                   prayed for grant of following reliefs:-

                                                (i) For issuance of a writ in the nature of
                                                Certiorari, quashing the final result dated
                                                08.06.2024, contained in Notice No.
                                                B.S.U.S.C./Vig.-105/2022-534, relating to
                                                Sahitya Subject under Advertisement No.
                                                AP-SAHI-29/20-21,         whereby       the
                                                petitioner's 10 marks for five peer-
                                                reviewed research publications were
Patna High Court CWJC No.1690 of 2026(2) dt.05-02-2026
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                                      illegally ignored and the petitioner was
                                      arbitrarily excluded from interview and
                                      final selection is deprivation and injustice
                                      to the petitioner as well as arbitrariness
                                      on the part of the respondent
                                      Commission.
                                      (ii) To hold and declare that the action of
                                      the authorities concerned to the
                                      respondent Commission is erroneous in
                                      denial of due 10 marks for research
                                      publications.
                                      (iii) For issuance of a writ in the nature of
                                      Mandamus, directing the respondent
                                      authorities to declare the petitioner
                                      successful and consider him for
                                      appointment to the post of Assistant
                                      Professor (Sahitya) under Advertisement
                                      No. AP-SAHI-29/20-21 as out of 31 posts
                                      in Sahitya Subject only 30 seats has been
                                      filled by the eligible candidates and one
                                      seat in unreserved category to which the
                                      petitioner belongs is still vacant.
                                      (iv) For grant of any other relief(s) to
                                      which the petitioner may be found entitled
                                      to in the facts and circumstances of this
                                      case.


                      3. At the outset, learned counsel appearing for the

          respondent nos. 1 to 3 objects to the maintainability of the

          present writ application on the ground that, for seeking the same

          relief, the petitioner had earlier also filed writ application vide

          CWJC No. 16039 of 2024                  which was dismissed by a co-

          ordinate Bench of this Court vide order dated 11.11.2024. The

          order passed by the co-ordinate Bench of this Court dated
Patna High Court CWJC No.1690 of 2026(2) dt.05-02-2026
                                            3/5




          11.11.2024 in CWJC No. 16039 of 2024 is quoted herein below

          for needful.

                                              “ Heard learned counsel for the
                                   petitioner, learned AC to SC-7 and the
                                   learned counsel appearing on behalf of
                                   State-University Service Commission.
                                              Learned     counsel    for   the
                                   petitioner, after arguing vehemently for
                                   some time, seeks permission to withdraw
                                   the writ application.
                                               Permission is accorded.
                                              Accordingly, the instant writ
                                   application is dismissed as withdrawn.”

                      4.    Learned       counsel        for   the   respondent   nos.

          1 to 3 submits that, in the aforesaid writ application, the

          petitioner had argued his case and, upon failing to satisfy the

          Court, the petitioner prayed for withdrawing the case, which

          was permitted to be done by the Court. He further submits that

          no liberty was sought by the petitioner to file a fresh writ

          application and neither any liberty was granted by the Court

          while passing the order dated 11.11.2024.

                      5. In such view of the matter, learned counsel

          appearing for the respondent nos. 1 to 3 submits that the

          petitioner cannot be permitted to maintain the present writ

          application for seeking the same relief.

                      6. Learned counsel appearing for the petitioner while

          responding to the objection raised by the respondent nos. 1 to 3
Patna High Court CWJC No.1690 of 2026(2) dt.05-02-2026
                                            4/5




          insists on addressing this Court on the merits of the case. He

          further submits that, since in the first round of litigation, the

          case of the petitioner was not considered on merit therefore, he

          should be permitted to make               submissions on merits of the

          present case.

                      7. Considering the submissions made by             learned

          counsel for the parties, this Court is of the view that the present

          writ application is clearly not maintainable for seeking the same

          relief for which the petitioner had earlier come before this Court

          vide CWJC No. 16039 of 2024, which was dismissed as

          withdrawn at the request of the petitioner. It is pertinent to note

          that while withdrawing the writ application CWJC NO. 16029

          of 2024 vide order dated 11.11.2024, the petitioner neither

          sought any liberty to file a fresh writ petition nor was any such

          liberty granted by this Court.

                        8. In such view of the matter, the petitioner has

          clearly abused the process of this Court by filing the present

          writ application. The insistence on the part of learned counsel

          appearing for the petitioner to address this Court on merit

          cannot, therefore, be accepted.

                     9. In the aforesaid circumstances, this Court is left

          with no other option than to dismiss the present writ application
        Patna High Court CWJC No.1690 of 2026(2) dt.05-02-2026
                                                    5/5




                  as not maintainable with the cost of Rs. 10,000/- to be deposited

                  by the petitioner in Bihar State Legal Services Authority, for

                  repeatedly insisting to hear the case on merit.



                                          (Alok Kumar Sinha, J)
N.K/-

U


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