Patna High Court
Jyoti JoshiversusBihar Public Service Commission
- Decided
- Disposal
- DISMISSED
Holding
The petition is dismissed as it is barred by laches and the court lacks jurisdiction to alter the merit list or direct appointment.
Summary
Jyoti Joshi filed a writ petition alleging that the Bihar Public Service Commission (BPSC) failed to allocate marks for several correct answers in the 2019 30th Bihar Judicial Service Competitive Exam, causing her total score to fall short of the cutoff and resulting in her non‑selection. She sought a mandamus directing the BPSC to award the omitted marks and to recommend her appointment. The High Court examined the petition and noted the six‑year delay since the result was declared, deeming the petition to suffer from gross laches. The Court also observed that the selected candidates were not made parties and that it lacks jurisdiction to alter the merit list or direct appointments. Consequently, the Court dismissed the petition, holding that the delay barred relief and the matter could not be entertained.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing the BPSC to allocate marks for alleged correct answers.
- Whether the petition is barred by the doctrine of laches due to the six‑year delay.
- Whether the court can revise the merit list and direct the appointment of the petitioner to the Bihar Judicial Service.
Subjects
- writ petition
- mandamus
- laches
- Bihar Public Service Commission
- judicial service exam
- merit list
- marks allocation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3138 of 2025
======================================================
Jyoti Joshi, D/o Ashok Kumar Joshi, R/o Near Suz Factory, PPCL Colony,
Dehri-on-Sone, District- Rohtas at present Near Saraswati Vidyalaya, Dhanraj
Singh Path, Punaichak, Bailey Road, Patna.
... ... Petitioner/s
Versus
1. Bihar Public Service Commission through its Chairman, Jawaharlal Nehru
Marg, Bailey Road, Patna.
2. The Secretary, Bihar Public Service Commission, Jawaharlal Nehru Marg,
Bailey Road, Patna.
3. The Additional Secretary, Bihar Public Service Commission, Jawaharlal
Nehru Marg, Bailey Road, Patna.
4. The State of Bihar, through the Principal Secretary, General Administration
Department, Government of Bihar, Patna.
5. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagnnath Singh, Advocate
For the State : Mr. Standing Counsel (23)
For the BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-01-2026
Patna High Court CWJC No.3138 of 2025 dt.21-01-2026
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This writ petition has been filed by the petitioner Jyoti
Joshi with the following prayer:-
“1. For issuance of a writ in the nature of
mandamus or any other appropriate writ,
rule, direction commanding the respondent
Bihar Public Service Commission to allot
the marks against the questions for which
the petitioner has given correct answer but
has not been allotted the marks by the
Commission not even zero marks, if the
answer was incorrect and in this way total
marks granted to the petitioner in written
test was 456 plus 60 marks allotted in the
interview which comes to 516 out of cut off
marks 517 in unreserved category when the
petitioner's correct answer against
question no. 1(a) & (b) only 2 marks has
been allotted out of 4 marks and against
question no. 7 having total 10 marks out of
five questions 2 marks each was to be
allotted where the petitioner has answered
total 5 questions out of which four answers
were correct and therefore, she was entitled
for 8 marks but has been allotted only 3
marks in total likewise against the question
no. 10 the total number of question was
five with 1 marks against each question out
of which the petitioner answered question
no. 10(a) correctly and therefore, entitled
for 1 mark where the answer-sheet reflects
that the answer has been found to be
correct but no marks has been allotted
where the petitioner was entitled for one
mark and against question no. 18 there
were total ten questions for 1 marks each
and the petitioner has correctly answered
question no. 18(k) but no marks has been
Patna High Court CWJC No.3138 of 2025 dt.21-01-2026
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allotted. If the answer was wrong then at
least 0 mark should have been indicated
but nothing has been allotted which is
reflective from page 17 of the answer-sheet
where the petitioner has been allotted only
456 marks and if these 8 numbers against
the correct answers would have been
allotted then total marks obtained by the
petitioner would have been 464 marks and
if it would have been added with 60 marks
allotted to the petitioner in interview then a
total marks obtained by the petitioner
would have been 524 where the cut off
marks for general category was 517 only
with a view to declare her fail resultantly
she could not be selected and
recommended for appointment against the
vacancies of 30th Bihar Judicial Service
Competitive Exam conducted in the year
2019 and therefore, the respondent
authorities may be directed to recommend
the name of the petitioner after inclusion of
marks against correct answer and she
should be given appointment in 30th Bihar
Judicial Service as the persons who have
obtained only 517 marks have been
appointed and accordingly merit list should
be revised and the name of the petitioner
should be placed at appropriate place.”
2. Since the result of the examination was published
in the year 2019 and recommendation was made on 02.12.2019,
this petition suffers from gross laches as the same has been filed
in the year 2025. Even the persons who have been selected have
not been arrayed as party and therefore, we are not inclined to
Patna High Court CWJC No.3138 of 2025 dt.21-01-2026
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entertain this writ petition.
3. The writ petition stands dismissed.
4. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Mohit Kumar Shah, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 22.01.2026
Transmission Date
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