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Patna High Court

Lal Krishna AryaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that while it could not order a fresh interview, it could direct the Secretary of BSUSC to dispose of the pending representation within two months after hearing the petitioner.

Summary

The petitioner, Lal Krishna Arya, filed a writ petition seeking to be included in the interview for the post of Assistant Professor (Commerce) conducted by the Bihar State University Service Commission (BSUSC) and to have his pending representation on the matter disposed of. He claimed that a departmental letter dated 14 January 2026 instructed the BSUSC to consider his representation, and he alleged that the interview had not been conducted for him despite his Ph.D. qualification. The respondents argued that the interview had already been held between 15-17 July 2025, rendering the relief sought impossible. The Court examined whether it could compel the BSUSC to call the petitioner for an interview after the selection process was completed and concluded that it could not, but it could direct the authority to dispose of the pending representation within a reasonable time. Accordingly, the Court ordered the Secretary of BSUSC to dispose of the representation within two months of receipt of the order, after granting the petitioner a hearing, and emphasized that the final order must be reasoned and in accordance with law.

Issues considered

  • Whether the BSUSC can be directed by the Court to call the petitioner for an interview after the interview process has already been completed.
  • Whether the Court can compel the BSUSC to dispose of the petitioner’s pending representation within a specified time frame.
  • Whether the petitioner is entitled to any relief concerning the calculation of marks and declaration of results under Advertisement No.28/20-21.

Subjects

  • Assistant Professor appointment
  • selection process
  • interview
  • public service commission
  • writ petition
  • administrative law
  • representation
  • delay in decision

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2974 of 2026
                 ======================================================
                 Lal Krishna Arya Son of Sri Laxmii Singh, Resident of Village- Arniya, P.O.
                 and P.S- Jandaha, District- Vaishali (Bihar), 844505.

                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Director (Higher Education), Education Department, Government of
                 Bihar, Patna.
           4.    The Bihar State University Service Commission (BSUSC), through its
                 Chairman, 8th Floor, Bihar School Examination Board, Academic Building,
                 Budh Marg, Patna.
           5.    The Chairman, Bihar State University Service Commission (BSUSC), 8th
                 Floor, Bihar School Examination Board, Academic Building, Budh Marg,
                 Patna.
           6.    The Secretary, Bihar State University Service Commission, Patna, 8th Floor,
                 Bihar School Examination Board, Academic Bhawan, Budh Marg, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Mani Kant Mishra, Adv.
                 For the Respondent/s     :    Mr.Standing Counsel (10)
                 For the State            :    Mr.Dr.Md. Raisul Haque, SC 10
                 For Bihar State University:   Mr.Rakesh Kumar, Adv.
                 Service Commission
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   16-03-2026                       Heard learned counsel for the petitioner, learned

                   counsel for the Bihar State University Service Commission and

                   for the respondent-State.

                                2. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:

                                             “(i) For directing the respondent
                                   authorities, especially respondent authorities of the
Patna High Court CWJC No.2974 of 2026(2) dt.16-03-2026
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                          Bihar State University Service Commission, Patna
                          (in short, the BSUSC, Patna) to take necessary
                          action the representation of the petitioner for
                          including him in the interview of regular selection
                          process on the post of Assistant Professor in the
                          subject of Commerce.
                                     (ii)     For directing the respondent
                          authorities of the BSUSC, Patna (Respondent No. 4
                          to 6) to take necessary action on the petitioner's
                          representation, as instructed by the Director
                          (Higher Education), Govt. of Bihar (Respondent
                          No.3) vide Departmental Letter No. 19 bearing
                          Memo No. 61 dated 14.01.2026.
                                     (iii) For directing the respondent
                          authorities to call the petitioner for interview to the
                          post of Assistant Professor in the subject of
                          Commerce, pursuant to Advertisement No. 28/20-
                          21 dated 21.09.2020 issued by the BSUSC, Patna.
                                     (iv) For directing the respondent BSUSC,
                          Patna to declare the result of the petitioner,
                          manner of calculation of marks of all candidates
                          including petitioner under the advertisement
                          No.28/20-21       Subject-      Commerce,        whose
                          applications were accepted but has not been
                          shortlisted for interview.
                                     (v) For directing the respondent BSUSC,
                          Patna for calling the petitioner for interview in
                          commerce subject, as he genuinely holds Ph.D.
                          degree, which has been awarded to him in the year
                          2007 from Lalit Narayan Mithila University
                          (LMNU), Darbhanga.
                                     (vi) For any other relief/reliefs for which
                          the petitioner may be deemed entitled.”

                      3. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid relief,

          the petitioner has already filed a representation before the
Patna High Court CWJC No.2974 of 2026(2) dt.16-03-2026
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          Secretary, Bihar State University Service Commission, Patna

          which has been brought on record by way of Annexure- P/4

          series. He, therefore, submits that an appropriate direction be

          issued to the Secretary, Bihar State University Service

          Commission, Patna to dispose of the pending representation of

          the petitioner within a fixed time frame after giving liberty of

          hearing to the petitioner.

                      4. In response to the aforesaid submission made by

          learned counsel for the petitioner, learned counsel appearing for

          the respondent-Bihar State University Service Commission

          contends that the relief being claimed by the petitioner in the

          writ application now cannot be granted for the reason that the

          interview has already taken place during 15.07.2025 to

          17.07.2025.

                      5. Be that as it may, considering the limited prayer

          made by learned counsel for the petitioner, this writ application

          is disposed of directing the Secretary, Bihar State University

          Service Commission, Patna to dispose of the pending

          representation of the petitioner within two months from the date

          of receipt / production of a copy of this order by the petitioner

          after giving liberty of hearing to the petitioner.

                      6. Needless to emphasize that the final order which
           Patna High Court CWJC No.2974 of 2026(2) dt.16-03-2026
                                                       4/4




                     shall be passed by the Secretary, Bihar State University Service

                     Commission, Patna should be in accordance with law and it

                     must be a reasoned and speaking order.

                                 7. With the aforesaid observation/direction, this writ

                     application      is   disposed       of.       All   pending   interlocutory

                     application(s), if any, shall also be deemed to have been

                     disposed of.


                                             (Alok Kumar Sinha, J)

kundan/-

U


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