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Patna High Court

Pranav KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                            2/4




                                  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
                                            3/4




                      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
                                                      4/4




                    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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