Patna High Court
Veena Kumari GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition is dismissed as non‑maintainable due to the non‑joinder of the selected candidates.
Summary
The petitioner, Veena Kumari Gupta, applied for a contractual ANM post under Advertisement No.05/2021 and was shortlisted after the computer‑based test with 44.90 marks, exceeding the category cutoff of 44.19. Despite her shortlisting, her name did not appear in the final merit list published in 2022. She filed representations and an RTI application seeking inclusion in the selection list and related benefits, but received no action. The State contended that the selection process was already concluded, vacancies had been carried forward, and the petitioner had not impleaded the already‑selected candidates as parties. The High Court, after reviewing the records, found that all recommended candidates had joined and the petition lacked necessary joinder of parties, rendering it non‑maintainable. Accordingly, the writ petition was dismissed.
Issues considered
- Whether a writ petition seeking declaration of selection and appointment is maintainable when the petitioner has not impleaded the already‑selected candidates as parties.
- Whether the court can direct appointment after the final merit list has been published and the selection process concluded.
Subjects
- recruitment
- selection process
- merit list
- writ petition
- non‑joinder of parties
- RTI
- administrative law
- appointment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3016 of 2026
======================================================
Veena Kumari Gupta Wife of Manoj Kumar Gupta, resident of Village and
Post- Soharthi, P.S.- Jandaha, District-Vaishali- 844505.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health
and Family Welfare, Government of Bihar, Vikas Bhawan, Patna- 800001.
2. The Executive Director, State Health Society Bihar, Parivar Kalyan Bhawan,
Sheikhpura, Patna - 800014.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar @ Maurya, Advocate
For the State : Mr. Advocate General
For Res. No.2 : Mr. K.K. Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 20-04-2026 Heard the learned counsel for the parties.
2. The petitioner has filed the instant writ petition for
the following reliefs:
“I. To declare the petitioner as a
successful candidate and include her name in the
final selection list, and issue posting/joining order
with all consequential benefits (including notional
seniority and honorarium from the date candidates
of her merit were appointed.
II. Directing the respondents to furnish
complete information/reply to the petitioner’s RTI
application within a time-bound period and consider
her representation.”
3. The learned counsel for the petitioner submits that
pursuant to Advertisement No.05/2021 for recruitment to 8853
contractual posts of A.N.M. under the National Health Mission,
Patna High Court CWJC No.3016 of 2026(2) dt.20-04-2026
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the petitioner being eligible applied for the said post. Admit
Card was issued to the petitioner and date of examination was
fixed as 21.10.2021, but on the said date, the examination was
not conducted. Subsequently, on 25.10.2021 and 26.10.2021, the
Computer Based Test for A.N.M. posts was conducted and in
the said examination, the petitioner appeared and was shortlisted
for document verification/counselling. The name of the
petitioner appeared at Serial No.2926 of the candidates, who
were shortlisted for counselling, however when the final merit
list was published, the name of the petitioner was not found
there, although she had secured 44.90 marks under the Most
Backward Female Category candidate. It is submitted by the
learned counsel for the petitioner that the cut off marks in the
said category is 44.19 and although the petitioner had secured
44.90 marks, even then she was not selected. The petitioner kept
on filing representation and R.T.I. application before the
authorities concerned, but no action has been taken.
4. Per contra, the learned counsel appearing on behalf
of the Bihar Health Society and the State of Bihar submit that
the selection process already came to an end after publication of
the merit list in 2022 itself and now in 2026, the petitioner has
filed the present writ petition and that too without impleading
Patna High Court CWJC No.3016 of 2026(2) dt.20-04-2026
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any of the selected candidates from her category. Further, the
vacancies have been carried forward and, at this stage, it is not
possible for the respondents to appoint the petitioner on the said
post.
5. Having heard the rival submissions and after going
through the records, it appears that the final merit list was
published in 2022 and all the recommended candidates have
already joined. The petitioner has not impleaded any of the
selected candidates in her category as a party-respondent,
therefore, the writ petition is not maintainable on account of
non-joinder of parties and is accordingly, dismissed.
(Ritesh Kumar, J.)
Sanjay/-
U
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