Patna High Court
Babul MondalversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the Bihar State University Service Commission to dispose of the petitioner’s pending representation within three months, after hearing him, and to pass a reasoned order.
Summary
The petitioner, Babul Mondal, filed a writ seeking appointment as Assistant Professor in Bangla subject, alleging he met all qualifications and that his representation filed on 13-08-2024 with the Bihar State University Service Commission (BSUSC) remained pending. He requested a mandamus directing the Commission to appoint him and to publish his final Megha rank. The petitioner’s counsel argued that the pending representation should be disposed of within a fixed time and that a reasoned order be issued. The respondents, the State of Bihar and the BSUSC, raised no objection to the limited relief sought. The Court, noting the absence of opposition and the narrow prayer, directed the BSUSC to dispose of the pending representation within three months, after hearing the petitioner, and to issue a reasoned order. It further ordered that if the petitioner is found entitled, the relief should be granted within three months of the final order. The writ application was consequently disposed of.
Issues considered
- What relief, if any, is appropriate for the petitioner regarding his pending representation before the Bihar State University Service Commission?
- Whether the Court can issue a mandamus directing the Commission to appoint the petitioner as Assistant Professor?
- Whether a time‑bound direction for disposal of the representation is warranted.
Subjects
- appointment
- assistant professor
- mandamus
- service commission
- representation
- writ jurisdiction
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3197 of 2025
======================================================
Babul Mondal S/o Kashinath Mondal Resident of Village - Khurul, P.O. -
Khurul, P.S. - Bhatar, Block - Bhatar, District- Purba Bardhaman, State - West
Bengal, Pin Code - 713127.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Chairman Bihar State University Service Commission (BSUSC), 8th
Floor, Bihar School Examination Board, Academic Building Budh Marg,
Patna - 800001.
4. The Secretary, Bihar State University Service Commission (BSUSC), 8th
Floor, Bihar School Examination Board, Academic Building Budh Marg,
Patna - 800001.
5. The Officer on Special Duty (Judicial) Bihar State University
Commissioner, 8th Floor, Bihar School Examination Board, Academic
Building Budh Marg, Patna - 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chaitali Maondal
Mr.Jitendra Kumar
For the State : Mr. Gyan Prakash Ojha GA 7
For the BSUS Commission Mr. Priyadarshi Matri Sharan
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 06-04-2026 Heard Ms. Chaitali Maondal, the learned counsel for
the petitioner, Mr. Abhishek Singh, learned counsel for the
respondent-State, and Mr. Priyadarshi Matri Sharan, learned
counsel for the respondent-Bihar State University Service
Commission.
2. Mr. Priyadarshi Matri Sharan, learned counsel for
the respondent-Bihar State University Service Commission has
Patna High Court CWJC No.3197 of 2025(3) dt.06-04-2026
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accepted the notice today in Court itself and a copy of the writ
application has just now been served upon him.
3. With the consent of the parties, this writ application
is being disposed of at this stage itself.
4. The petitioner, in the present writ application, has
prayed for grant of following reliefs:-
“i. For issuance of appropriate order/s,
direction/s especially in nature of
mandamus commanding directing to the
concern respondent authorities to
appointed the petitioner on the post of
Assistant Professor because petitioner
fulfill all qualification and condition for
appointed on the post of Assistant
Professor in Bangla Subject in the
Universities of Bihar 2020, conducted by
Bihar State University Service
Commission, Patna.
ii. For issuance of appropriate order/s,
direction/sto to disposal the the
respondent concern representation of the
petitioner which is pending before him till
the date regarding appointment of
petitioner on the post of Assistant
Professor in Bangla subject in universities
of Bihar2020.
iii. For published final Megha Rank of
petitioner because marks of research
Patna High Court CWJC No.3197 of 2025(3) dt.06-04-2026
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publication is mention 00 in letter no- 932
dated 22.07.2024 passed by Additional
Secretary-cum-Public Information Officer,
Bihar State University Service
Commission, Patna (Annexure-p/g)
whereas petitioner submitted research
publication in his online uploaded
application (AnnexureP/5) and after
publish final megha list appointed
petitioner on the post of Assistant
Professor in Bangla Subject in universities
of Bihar 2020 conducted by Bihar State
University Service Commission, Patna.
iv. For issuance of any other order/s,
relief/s, direction/s to passed by this
Hon'ble High Court Which the petitioner
is legally entitled thereto.”
5. While advancing argument, the learned counsel for
the petitioner submits that for the aforesaid reliefs, the petitioner
has already filed a representation dated 13.08.2024 before the
Bihar State University Service Commission, which has been
brought on record by way of Annexure-P/11. She, therefore,
submits that the petitioner would be satisfied that if an
appropriate direction could be issued to the Bihar State
University Service Commission to dispose of the pending
representation of the petitioner within a fixed time-frame, after
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giving an opportunity of hearing to the petitioner.
6. To the aforesaid submission made by the learned
counsel for the petitioner, the learned counsel appearing for the
respondent-State and the learned counsel for the Bihar State
University Service Commission do not have any objection.
7. Considering the limited nature of prayer made by
the learned counsel for the petitioner, the present writ
application is disposed of, directing the Bihar State University
Service Commission to dispose of the pending representation of
the petitioner dated 13.08.2024 (Annexure-P/11) within three
months from today, after giving an opportunity of hearing to the
petitioner.
8. Needless to emphasize that the final order, which
shall be passed by the Bihar State University Service
Commission, should be a reasoned and speaking order.
9. It is further made clear that in case the petitioner is
found entitled to the reliefs, which the petitioner is claiming
through the representation, the same should be extended to the
petitioner within a further period of three months from the date
of passing of the final order by the Bihar State University
Service Commission.
10. With the aforesaid observation/direction, the
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present writ application stands disposed of.
11. All pending interlocutory application (s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
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