Patna High Court
Anuragini KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is disposed of as withdrawn, with liberty to the petitioner to challenge the rule before the appropriate forum.
Summary
Anuragini Kumari filed a writ petition challenging Clause 5(ii)(h) of Advertisement No.20 of 2025 concerning the appointment of a dentist, alleging irregularity. The Bihar Technical Service Commission contended that the advertisement fully complied with Clause 6(3)(b)(iii) of the Bihar Dentist Service (Amendment) Rules, 2023, which mandates a 50% horizontal reservation for candidates from Bihar dental colleges. The Court observed that the petitioner had not contested the underlying rule but only the advertisement itself, and therefore the petition was not maintainable on that basis. The petitioner requested permission to withdraw the writ and instead challenge the rule in a suitable forum. The Court allowed the withdrawal, disposing of the writ petition while granting liberty to contest the rule elsewhere.
Issues considered
- Whether a writ petition challenging an advertisement is maintainable when the petitioner does not challenge the underlying rule governing the advertisement.
Subjects
- reservation
- horizontal reservation
- dentist recruitment
- advertisement
- writ petition
- administrative law
- Bihar Technical Service Commission
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3620 of 2026
======================================================
Anuragini Kumari D/o. Shyam Narayan Tiwary, resident of Mohalla-
Panchshil Nagar, House No. 528- Gandhi Lane, Vastu Vihar Takiyapar,
Danapur, Khagri Road Danapur, P.S. Danapur, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Health Department, Govt. of Bihar, Patna.
3. The Director-in-Chief, Health Department, Govt. of Bihar, Patna.
4. The Chairman, Bihar Technical Service Commission, 19, Harding Road
Rajbanshi Nagar, Patna 61.
5. The Secretary, Bihar Technical Service Commission, 19, Harding Road
Rajbanshi Nagar, Patna 61.
6. The Incharge-Secretary Bihar Technical Service Commission, 19, Harding
Road Rajbanshi Nagar, Patna-61.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Maya Shankar Mishra, Advocate
For the B.T.S.C. : Mr. Nikesh Kumar, Advocate
Mr. Vijay Choubey, Advocate
For the State : Mr. Government Pleader (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-03-2026 Learned Counsel for the petitioner, learned Counsel
for the Bihar Technical Service Commission and learned
Counsel for the State are present.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed challenging Clause 5(ii)(h)
of the Advertisement No.20 of 2025 relating to appointment of
Dentist.
Patna High Court CWJC No.3620 of 2026(2) dt.17-03-2026
2/3
3. Learned Counsel for the Bihar Technical Service
Commission has raised preliminary objection and submits that
the said advertisement has published completely in accordance
with the Rules framed under Clause 6(3)(b)(iii) of the Bihar
Dentist Service (Amendment) Rules, 2023.
4. Upon going through Clause 6(3)(b)(iii) of the Bihar
Dentish Service (Amendment) Rules, 2023, which states as
follows:-
“50 percent horizontal reservation will
also be applicable in all reservation categories for
the candidates who passed from the dental colleges
located within the State of Bihar.”
5. It transpires to this Court that the said
advertisement is completely in accordance with the Rules and
from the pleadings it transpires to this Court that petitioner has
not challenged the Rule, but unfortunately challenged directly to
the Advertisement.
6. Learned Counsel for the petitioner submits that
permission may be granted to withdraw the instant writ petition
with liberty to challenge the said Rule before appropriate forum.
7. In the light of submissions made by the learned
Counsel for the petitioner, the instant writ petition is disposed
Patna High Court CWJC No.3620 of 2026(2) dt.17-03-2026
3/3
off as withdrawn with liberty to challenge the said Rule before
the appropriate forum.
(Dr. Anshuman, J)
Mkr./-
U
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