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Patna High Court

Md. Saquib Ansari @ Saquib AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The BPSC is not obligated to relax the age limit, and the petition for mandamus is dismissed.

Summary

Petitioner Md. Saquib Ansari, an EBC candidate born on 15‑02‑1983, sought a mandamus directing the Bihar Public Service Commission (BPSC) to allow him to appear in the 2026 Assistant Conservator of Forest examination by relaxing the age limit. The BPSC advertisement stipulated that EBC candidates must be at most 40 years old as of 01‑08‑2025, making the petitioner over‑age (42) on that date. The petition also raised the deadline for filing applications, which had already passed. The Court examined the advertisement clauses and found no legal basis to compel the BPSC to alter the prescribed eligibility criteria. Consequently, the Court held that the petition lacked merit and dismissed the application.

Issues considered

  • Whether the Bihar Public Service Commission can be compelled by mandamus to relax the age limit for an EBC candidate in the Assistant Conservator of Forest examination.

Subjects

  • age limit
  • EBC reservation
  • Bihar Public Service Commission
  • mandamus
  • eligibility
  • public service examination
  • Assistant Conservator of Forest

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3093 of 2026
     ======================================================
     Md. Saquib Ansari @ Saquib Ansari S/o Md. Nayimuddin, Resident of village
     Mahuatola, P.S. and P.O.- Sohsarai, Dist.- Nalanda, (Bihar).


                                                                       ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through Additional Chief Secretary, Personnel and
     Administrative Department, Government of Bihar, Patna.
2.   The Chairman, Bihar Public Service Commission, Patna.
3.   The Secretary, Bihar Public Service Commission Bihar, Patna.
4.   The Examination Controller, Bihar Public Service Commission, Patna.


                                                                     ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Kumar Jay, Advocate
                                    Mr. Prabhas Ranjan, Advocate
     For the State           :      Dr. Raisul Haque, SC- 10
     For the BPSC            :      Mr. Gyandndra Kumar Shukla, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 23-04-2026

                       Heard learned counsel for the petitioner, learned

      counsel for the Bihar Public Service Commission (BPSC) and

      learned counsel for the State of Bihar.

                       2. The petitioner has filed the instant application for

      the following reliefs:

                                                   “1.         (A)        Mandamus
                                    commanding           the    respondents           to
Patna High Court CWJC No.3093 of 2026 dt.23-04-2026
                                           2/3




                                         permit the petitioner to appear in
                                         Assistant Conservator of Forest (ACF)
                                         Examination 2026 in the light of
                                         advertisement no. 02/2026 (Published
                                         by Bihar Public Service Commission,
                                         Patna) by accepting his application
                                         form and by relaxing the age.
                                                      (B)      Any        other
                                         relief/reliefs for which petitioner may
                                         be found entitled to in the facts and
                                         circumstances of the present case may
                                         be given to him.”

                         3. The matter in issue arises out of the respondent

         BPSC having came out with Advertisement no.2 of 2026 for

         appointment to the post of Assistant Conservator of Forest.

                         4. The petitioner who belongs to the EBC category

         has his date of birth as 15.2.1983 and was thus over 42 years of

         age on the cut off date of 1.8.2025 thus making him ineligible

         from appearing in the examination because of being over age.

                         5. Learned counsel for the petitioner submits that

         the respondent Commission be directed to permit the petitioner

         to appear in the examination by increasing the eligibility to the

         extent enabling the petitioner to appear in the examination.

                         6. On perusal of the Advertisement no.2 of 2026, a

         copy of which has been brought on record as Annexure-P/1 to
             Patna High Court CWJC No.3093 of 2026 dt.23-04-2026
                                                        3/3




                      the application, clause 4 thereof deals with the age limit and it

                      clearly stipulates that in case of the EBC category to which the

                      petitioner belongs, the candidate/applicant should be at most 40

                      years on the date 1.8.2025. The date of birth of the petitioner

                      being 15.2.1983, as on 1.8.2025, he was over 42 years in age.

                                      7. Learned counsel for the BPSC further points out

                      vide clause 9 of the advertisement that the last date of filing of

                      the online application was 2.2.2026 which has crossed more

                      than two months back.

                                      8. In view of the facts and circumstances of the

                      case, in the opinion of the Court, there is no merit in the

                      application filed by the petitioner.

                                      9. The application is dismissed.




                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.4.2026
Transmission Date       NA


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