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Patna High Court

Anuragini KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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The writ petition is disposed of as withdrawn, with liberty to the petitioner to challenge the rule before the appropriate forum.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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