Patna High Court
Md Abul Khair Alam @ Dr. Md. Abul Khair AlamversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- HARISH KUMAR
Holding
The petition is dismissed as withdrawn, with liberty to approach the Commission’s Information Officer under the Right to Information Act, 2005.
Summary
The petitioner, Md Abul Khair Alam, filed a writ petition seeking a court order directing the Bihar State University Service Commission to produce his academic score obtained in the selection process for Assistant Professor (Advertisement No. AP-HIST-08/20-21). He claimed he met the qualifications but did not meet the cut‑off marks and was not called for interview, and he requested the score card. The Commission disclosed that he scored 61 marks, below the 62‑mark cut‑off for the E.B.C. category, and suggested that the petitioner could obtain the score under the Right to Information Act, 2005. The petitioner then sought permission to withdraw the writ and approach the Commission’s Information Officer under the RTI Act. The Court allowed the withdrawal, dismissed the petition as withdrawn, and granted liberty to pursue the matter through the RTI mechanism.
Issues considered
- Whether the High Court can compel the Bihar State University Service Commission to disclose the petitioner’s academic score in a recruitment process.
- Whether the petitioner must first avail the remedy under the Right to Information Act, 2005 before seeking judicial intervention.
Legislation cited
Subjects
- Right to Information
- Writ Petition
- Academic Scores
- Recruitment
- Cut‑off Marks
- Withdrawal of Petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3280 of 2025
======================================================
Md Abul Khair Alam @ Dr. Md. Abul Khair Alam S/o Md. Muslim Resident
of Village-Alipur P S- Buniyadganj Dist- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education,
Education Department, Patna. Bihar.
2. The Principal Secretary, Higher Education, Education Department, Patna.
Bihar.
3. The Director, Higher Education, Education Department, Patna. Bihar.
4. The Bihar State University Service Commission, Patna. Bihar.
5. The Secretary, Bihar State University Service Commission, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar Jha, Adv.
For the Respondent/s : Mr. Vivek Prasad, GP-07
Mr. Sanjay Kumar, AC to GP-07
Ms. Roona, AC to GP-07
For the BSUSC : Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, Adv.
Mr. Rohan Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 02-02-2026 Heard Mr. Bimal Kumar Jha, learned Advocate for the
petitioner and Mr. Anjani Kumar, learned Senior Advocate with
Mr. Alok Kumar Rahi, learned Advocate for the Bihar State
University Service Commission. The State is represented
through Mr. Vivek Prasad, Government Pleader No. 7.
2. The petitioner has approached this Court seeking a
direction upon the respondents to produce the records
containing the academic score obtained by the petitioner in the
process of selection of the Assistant Professor in terms with
Advertisement No. AP-HIST-08/20-21 dated 21.09.2020 issued
by the Bihar State University Service Commission.
Patna High Court CWJC No.3280 of 2025(2) dt.02-02-2026
2/2
3. Learned Advocate for the petitioner submitted that
despite the petitioner having all the essential qualification and
requisite experience, he could not achieve the cut-off marks and,
as such, he has not been called for in the interview. Hence he
filed representation before the authorities concerned to look into
the matter and at least furnish the score card, but to no avail;
hence the present writ petition.
4. Learned Senior Advocate representing the
Commission has submitted that from the records available in the
Commission it transpired that the petitioner had secured only 61
marks, the cut-off marks for the E.B.C. category was fixed as 62
marks. Moreover, the petitioner has remedy available under the
Right to Information Act, 2005.
5. At this juncture, learned Advocate for the petitioner
seeks permission to withdraw the present writ petition with a
liberty to approach before the Information Officer of the Bihar
State University Service Commission to obtain the academic
score obtained by the petitioner under Right to Information Act,
2005.
6. As requested, the present writ petition stands
dismissed as withdrawn, with the liberty aforesaid.
(Harish Kumar, J)
supratim/-
U
Checking your session…