Patna High Court
Pranav KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is dismissed for inordinate delay and laches, and no mandamus is issued.
Summary
The petitioner, Pranav Kumar, applied for a primary teacher post in 2019 and was placed at serial No.13 for the first phase of counseling scheduled on 09‑08‑2021. He arrived on time but was denied participation, subsequently filing an objection on 10‑08‑2021 and later representations, none of which bore any authority's signature. The petitioner filed a writ petition in 2026 seeking a mandamus directing the respondents, particularly the District Programme Officer, to allow his participation and correct the alleged illegality. The respondents contended that the petition was barred by inordinate delay and laches, as the cause of action arose in August 2021. The court examined the delay, found no satisfactory explanation, and noted the questionable authenticity of the submitted documents. Consequently, the court dismissed the writ petition on the ground of delay and laches, refusing to issue the mandamus.
Issues considered
- Whether the writ petition is maintainable despite the five‑year delay in filing.
- Whether the petitioner is entitled to a mandamus directing participation in the counseling process.
- Whether the alleged exclusion of the petitioner constitutes an illegal act warranting judicial intervention.
Subjects
- mandamus
- writ petition
- delay
- laches
- recruitment
- counseling
- public service commission
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2649 of 2026
======================================================
Pranav Kumar Son of Sri Akhileshwar Mishra, resident of Village-Pipra, PO-
Jay Govind Nagar, PS-Jamhore, Distrit-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary cum Principal
Secretary, Department of Education, Government of Bihar, Patna.
2. The Chairman, Bihar Public Service Commission, Patna, Bihar.
3. The District Education Officer, Darbhanga.
4. The District Programme Officer (Est), Darbhanga.
5. The Block Development Officer, Block Kusheswarsthan, District-Darbhanga
(Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Adv.
For the Respondent/s : Mr. S.D. Yadav, AAG-9
Mr. Sanjay Pandey, Adv.
Mr. Nishant Kumar Jha, Adv.
Mr. Prabhakar Pahepuri, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner, learned
counsel appearing for respondent-State and learned counsel
appearing for BPSC.
2. The petitioner in the present writ application has
prayed for the grant of following reliefs:
“1. That this petition is being filed
in the nature of mandamus commanding and
directing upon the concerned respondents
particularly the respondent no. 4 to permit
Patna High Court CWJC No.2649 of 2026(2) dt.13-03-2026
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the petitioner to participate in the
counselling/selection fortwith treating him at
par with similarly situated candidate for 1
phase for primary teacher 2019 to direct the
respondent to correct the illegality
committed in excluding the petitioner in the
same manner as corrected in other phases of
the recruitment by restraining the
respondents from filling up vacant post
without considering the petitioner.”
3. The petitioner submits that the petitioner had
applied for the post of teacher for VI phase for Primary Teacher,
2019 under the District-Darbhanga and in the merit list his serial
number was 3364 vide application no.1572. He further submits
that the date of counseling was scheduled to be held on
09.08.2021 from 11:00 AM to 04:30 PM. The name of the
petitioner found place at Serial No.13.
4. Learned counsel for the petitioner further contends
that the petitioner had come to the counseling center on time at
11:00 AM on 09.08.2021, but the petitioner was not allowed to
participate in the counseling. In this regard, it is contended that
the petitioner had filed an objection on 10.08.2021 (Annexure-
P/2), which was followed by several representations which have
been brought on record by way of Annexure-P/3 Series.
Patna High Court CWJC No.2649 of 2026(2) dt.13-03-2026
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5. Learned counsel appearing for respondent-State
and BPSC have jointly raised an objection with regard to the
maintainability of the present writ application on the ground that
the cause of action had arisen to the petitioner immediately after
09-08-2021, but the petitioner has chosen to file this writ
application on 13.02.2026 after inordinate delay, for which there
is no explanation given in the writ application. It is, therefore,
contended that the writ application deserves to be dismissed on
account of delay and laches.
6. To the aforesaid objection raised by the respondent-
State and BPSC, learned counsel for the petitioner submits that
on the very next day of counseling i.e. on 10.08.2021 the
petitioner had filed an objection (Annexure-P/2), but on careful
perusal of the said document, it is apparent that it does not bear
the receiving of any authority. It, therefore, cannot be ruled out
that this document has been manufactured for the purpose of
this case. Even the subsequent so-called representation dated
23.08.2024 (Annexure-3 Sereies), which has been brought on
record does not bear the receiving signature of any authority and
hence does not inspire confidence as to whether this
representation were ever submitted before the authority.
7. From the facts and circumstances stated above, it is
Patna High Court CWJC No.2649 of 2026(2) dt.13-03-2026
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apparent that this writ application has been filed after inordinate
delay and there is no sufficient explanation given in the writ
application. Writ application is therefore, dismissed on account
of delay and laches.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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