Patna High Court
Shantanu Saurabh and OrsversusBihar Public Service Commission and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is dismissed as infructuous because the appointments have already been completed, creating third‑party rights.
Summary
The petitioners, a group of candidates, filed a writ petition challenging a part of the Bihar Public Service Commission (BPSC) notification dated 14 September 2017 which declared them ineligible to appear for the interview for Assistant Professor (History) positions because they had not cleared the National Eligibility Test (NET) or possessed a PhD as required by the UGC Regulations, 2009. They sought a writ to quash the disqualification clause and to be allowed to appear for the interview. The BPSC contended that appointments under the earlier 2014 notification had already been completed and any remaining vacancies would be filled by the Bihar State University Service Commission, rendering the petition moot. The court accepted that the appointments had indeed been effected, creating third‑party rights, and consequently held that the writ petition had become infructuous. Accordingly, the court disposed of the petition without granting any relief, noting that any pending interim applications would stand disposed.
Issues considered
- The validity of the BPSC's disqualification of candidates lacking NET/PhD under UGC Regulations, 2009.
- Whether the writ petition remains maintainable given that appointments have already been made and third‑party rights have arisen.
Subjects
- writ jurisdiction
- eligibility criteria
- National Eligibility Test
- PhD requirement
- Assistant Professor appointment
- infructuous petition
- Bihar Public Service Commission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19250 of 2017
======================================================
1. Shantanu Saurabh and Ors Son of Sri Suresh Nandan Singh, Resident of
Lane No.5, Khabra Road, Muzaffarpur- 842001, PS- Kazi Muhammadpur,
Dist- Muzaffarpur.
2. Rahul Kumar, Son of Sri Pawan Kumar, Resident of Khabara Road,
Muzaffarpur, PS- Kazi Muhammadpur, Dist- Muzaffarpur.
3. Kumari Rashmi Jaya, Wife of Sri Rakesh Gupta, Resident of Aghoriya
Bazar Chowk, Muzaffarpur, PS- Kazi Muhammadpur, Dist- Muzaffarpur.
4. Noor Jabeen, Wife of Mehdi Hassan, Resident of Village- Mirzapur Sirsiya
via Kalwari, PS- Kanti, Dist- Muzaffarpur.
5. Pushpanjali, Wife of Sri Abhishek Kumar, Resident of Basant Vihar Colony,
Kolhua, PS- Ahiyapur, Dist- Muzaffarpur.
6. Pratibha Kumari, Wife of Pankaj Kumar Misra and Daughter of Binay
Kumar Jha, Resident of Muhalla- Sri Ram Nagar, Ward No.12, Dist-
Muzaffarpur.
... ... Petitioner/s
Versus
1. Bihar Public Service Commission
2. The Chairman, Bihar Public Service Commissioner, Patna.
3. The Secretary, Bihar Public Service Commissioner, Patna.
4. The Joint Secretary cum Examination Controller, Bihar Public Service
Commissioner, Patna.
5. BRA Bihar University, Muzaffarpur through its Registrar.
6. The Vice Chancellor, BRA Bihar University, Muzaffarpur.
7. The Registrar, BRA Bihar University, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vaidehi Raman Prasad Singh, Advocate
For BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
13 12-01-2026 Heard learned counsel for the petitioner, learned
counsel appearing for Bihar Public Service Commission and
learned counsel for BRA Bihar University.
2. The petitioner in the present writ application has
Patna High Court CWJC No.19250 of 2017(13) dt.12-01-2026
2/3
prayed for grant of following relief :-
“(i) For grant of an appropriate writ for
quashing part of the notification dated 14.09.2017 of
Bihar Public Service Commission (Annexure-3) whereby
the petitioners have been declared ineligible to appear
in the inter view of appointment to the post of Assistant
Professor in History in various Universities of Bihar on
the ground that they have neither cleared NET, nor they
hold PhD degree as per University Grants Commission
(Minimum Standards and Procedure for awards of M.
Phil/ PhD Degree) Regulation, 2009 (Regulation, 2009
for short).
(ii) For grant of an appropriate writ for a
direction to the respondents to allow the petitioners to
appear in the interview for the post of Assistant
professor in History after holding /declaring them
eligible to appear in the interview for appointment of the
said post.”
3. Learned counsel appearing for the Bihar Public
Service Commission submits that the appointment to the post of
Assistant Professor in history in various University of Bihar in
pursuance of Notification dated 14.09.2014 has already taken
place and henceforth the process of appointment of any
remaining vacancy, if any, is to be carried out by other agency
called Bihar State University Service Commission.
4. In such view of the matter, the learned counsel for
the petitioner submits that the present writ application has
become infructuous on account of subsequent development and
it should accordingly be disposed of.
5. The aforesaid factual position is not contested by
Patna High Court CWJC No.19250 of 2017(13) dt.12-01-2026
3/3
learned counsel for the petitioner.
6. In view of the fact that appointments to the post of
Assistant Professor in History in various Universities of Bihar
have already taken place in pursuance of the Notification dated
14.09.2014 and third party rights have been created, the present
writ application has become infructuous and, therefore, it is
accordingly disposed of.
7. Pending I.A.s, if any, will automatically stand
disposed of .
(Alok Kumar Sinha, J)
sanjeev/-
U
Checking your session…