Patna High Court
Ascensive Educare Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the blacklisting order cannot stand without a hearing and a reasoned order, and therefore disposed of the writ petition pending the respondent's compliance.
Summary
Ascensive Educare Ltd., a company incorporated under the Companies Act 1956, filed a writ petition seeking a certiorari to quash a letter dated 27.11.2025 that blacklisted the company for two years. The petitioner argued that the blacklisting was done without considering its representation and without affording a hearing, violating principles of natural justice. The court noted that the petitioner had already submitted a representation on 29.12.2025 to the Youth Employment and Skill Development Department. Accordingly, the court directed the department (Respondent No. 2) to consider the representation, afford a hearing to all stakeholders, and pass a reasoned order within two weeks. The writ application was disposed of without granting the relief of quashing the blacklisting order.
Issues considered
- Whether the blacklisting order issued by the Bihar Skill Development Mission is violative of natural justice and therefore liable to be quashed.
- Whether the petitioner is entitled to a writ of certiorari to set aside the blacklisting letter.
- Whether the respondent must consider the petitioner's representation and pass a reasoned order before the blacklisting can stand.
Legislation cited
Subjects
- certiorari
- blacklisting
- natural justice
- administrative law
- writ jurisdiction
- representation
- skill development
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2647 of 2026
======================================================
Ascensive Educare Ltd., a company registered under Companies Act 1956
having its registered office BF- 32, 2nd Floor, Sector- 1, Saltlake, Kolkata-
700064, through its authorized representative Soumitra Das, Male, age about
37 Years, Son of Ganesh Das, Resident of Chandipur, Chandipur, P.O.
Chandipur, District- North 24 Parganas, West Bengal- 743247.
... ... Petitioner
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna- 01.
2. The Secretary, Youth Employment and Skill Development Department,
Govt. of Bihar, Patna.
3. The Mission Director, Bihar Skill Development Mission, Department of
Labour Resources, Govt. of Bihar, Patna- 01.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Venkatesh Kirti, Advocate
For the State : Mr. S. Raza Ahmad, AAG
Mr. Alok Ranjan, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 23-02-2026 Heard learned counsel for the parties
2. Following reliefs are sought for in the present
application:
“(a) For issuance of Writ in nature of
Certiorari quashing the Letter No.
BSDM/ Domain- 108/2025/ 2603 dated
27.11.2025 (Annexure P/16) passed by
Respondent No. 3 wherein the Petitioner
Company has been blacklisted for next
two years without considering the facts
and circumstances of the case.
Patna High Court CWJC No.2647 of 2026(2) dt.23-02-2026
2/2
(b) For any other relief or reliefs which
the petitioners may be found entitled to
in the facts and circumstances of the
case.”
3. Learned counsel for the petitioner submits that the
petitioner has already filed a representation vide Annexure-P/17
dated 29.12.2025 before the respondent no. 2 for redressal of its
grievance.
4. Considering the aforesaid submission, respondent
no. 2 is directed to consider and decide the representation of the
petitioner, after affording due opportunity of hearing to all the
stakeholders, shall pass a reasoned and speaking order in
accordance with law, within a period of two weeks from the date
of receipt/production of a copy of this order.
5. With the aforesaid observation and direction, the
present writ application stands disposed of.
6. Interlocutory application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
Ibrar//- ( Rajesh Kumar Verma, J)
U T
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