Patna High Court
Dr. Amit Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The petition is dismissed as infructuous because the recruitment advertisement was withdrawn and the process stalled.
Summary
Dr. Amit Kumar Paswan filed a writ petition challenging the withdrawal of a recruitment advertisement for the post of Assistant Professor in Ancient History, Culture and Archaeology. The petition sought direction for his appointment, alleging irregularities in the process. The High Court observed that the advertisement (No. AP-AIHA-09/20-21 dated 21.09.2020) had been withdrawn and the recruitment process was stalled. The Court also noted the relevance of notice no. 833 dated 20.03.2025, which indicated that the matter could no longer be pursued. Consequently, the Court held the petition to be infructuous and ordered it to be consigned, effectively dismissing the writ.
Issues considered
- What is the appropriate remedy when a recruitment advertisement is withdrawn and the selection process is stalled?
- Can a writ petition be entertained when the subject matter has become infructuous?
Subjects
- appointment
- higher education
- writ petition
- infructuous
- administrative law
- vacancy withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2809 of 2025
======================================================
Dr. Amit Kumar Paswan Son of Rambriksh Paswan Resident of Village-
Mohanpur, P.O.- Nalanda, P.S.- Nalanda, District - Nalanda at Bihar Sharif.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief, Department of Education, Government of Bihar,
Patna.
3. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
4. The Bihar State University Service Commission, 8th Floor, Bihar School
Examination Board, Academic Building, Buddha Marg, Patna- 01 through
its Secretary.
5. The Chairman, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academic Building, Buddha Marg, Patna- 01.
6. The Secretary, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academic Building, Buddha Marg, Patna- 01.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Adv.
For the Respondent/s : Mr. Additional Advocate General (3)
For the BSUSC : Mr. Rakesh Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 09-02-2026 Learned Advocate for the respective parties are
present.
2. This Court is apprised that the requisition for
appointment to the post of Assistant Professor in the subject of
Ancient History, Culture and Archaeology in connection with
Advertisement No. AP-AIHA-09/20-21 dated 21.09.2020 has
already been withdrawn and now the entire process has been
stalled. Hence, the present writ petition has become infructuous.
Patna High Court CWJC No.2809 of 2025(3) dt.09-02-2026
2/2
3. In view of the submissions advanced and taking
note of the important notice no. 833 dated 20.03.2025, the copy
of which has been placed before this Court, it appears that the
matter has become infructuous.
4. Accordingly the writ petition stands consigned.
(Harish Kumar, J)
supratim/-
U
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