Patna High Court

Savita Sharma and OrsversusThe State Of Bihar and Ors

Decided: 19 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: AJIT KUMAR

Holding

The petition is dismissed because no appointment can be made at the belated stage under the changed rules and the petitioners failed to prosecute the case.

Summary

The petitioners, a group of individuals, filed a writ petition challenging the non‑appointment to a post advertised in 2008, arguing that the qualifications and eligibility criteria had been altered by subsequent rule changes. The respondents, representing various state education and administrative authorities, contended that the advertisement was outdated and that any appointment now must conform to the current rules. The court noted a prior order in Md. Aquil v. State of Bihar (CWJC No. 6015 of 2015) which held that no appointment could be made at a belated stage when the governing rules had changed. Relying on that precedent, the court dismissed the petition on the ground that the appointment could not be made under the old criteria and must follow the new rules. Additionally, the petitioners failed to appear for hearings, leading the court to dismiss the petition for non‑prosecution.

Issues considered

Whether an appointment can be made for a post advertised in 2008 when the qualification and eligibility rules have since been amended
Whether the writ petition is maintainable despite the petitioners' non‑appearance

Subjects

appointment
recruitment
change of rules
writ jurisdiction
non‑prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.3669 of 2019
                  ======================================================
            1.     Savita Sharma and Ors W/o Santosh Kumar Vill.- Pirauna, P.s.- Garkha,
                   P.o.- Pirauna, Distt.- Saran (Chapra)
            2.    Kumari Anjali W/o Dilip Lumar Vill.- Shanti Nagar, P.o.- Gurukul Mehain,
                  P.s.- Chapra Muffasil, Distt.- Chapra
            3.    Sarita Sharma D/o Ram Lal Sharma Vill.- Shanti Nagar, P.o.- Gurukul
                  Mehain, P.s.- Chapra Muffasil, Distt.- Chapra
                                                                         ... ... Petitioner/s
                                                     Versus
            1.    The State Of Bihar and Ors through the Principal Secretary, Human
                  Resource Development Department, Govt. of Bihar, Patna
            2.    The Director Primary Education, Bihar, Patna
            3.    The Divisional Commissioner Saran Division at Chapra
            4.    The District Magistrate Saran at Chapra
            5.    The Deputy Development Commissioner-cum-Chairman District Education
                  Establishment Committee, Saran at Chapra
            6.    The District Superintendent of Education Saran at Chapra
            7.    The Block Development Officer Garkha, Saran
            8.    The Block Education Officer Garkha, Distt.- Saran
            9.    The Panchayat Secretary of Gram Panchayat Pirauna Block Garkha, Distt.-
                  Saran
            10. The Deputy Collector Land Reforms Tikari Sub Division, Gaya, Bihar,
                Mukhia of Gram Panchayat Pirauna Block, Garkha, Distt.- Saran
            11. The Member District Teachers Employment Appellate Authority Saran at
                 Chapra
                                                                  ... ... Respondent/s
                ======================================================
                  Appearance :
                  For the Petitioner/s   :     None
                  For the Respondent/s   :     Mr. Prabhat Ranjan Singh, AC to AAG15)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

21   19-01-2026                   Petitioners are not represented while learned AC to

                    AAG-15 is present.

                                2. It is evident from the records that vide order dated

                    07.07.2015 passed by the Co-ordinate Bench in CWJC No. 6015

                    of 2015 (Md. Aquil v. The State of Bihar & Ors), it is apparent
         Patna High Court CWJC No.3669 of 2019(21) dt.19-01-2026
                                                    2/2




                   that the rules based on which the advertisement in question is

                   said to have been issued, has already gone under change and

                   now the qualification and eligibility for appointment has also

                   been modified in the existing rules. Taking note of such issue,

                   the order so passed by the Co-ordinate Bench has been referred,

                   which is reproduced as under:-

                                               “This application is dismissed on the

                                   ground that no appointment can be made at this

                                   belated stage on the post which was advertised and

                                   exercise was completed in the year 2008. In

                                   addition to that since then rules have changed the

                                   qualification and eligibility for appointment has

                                   changed. Any appointment now will be governed

                                   by the present rules in play. Accordingly, the writ is

                                   dismissed.”

                               3. Be that as it may, considering the fact that the

                   petitioner, on several dates and even today, has not appeared in

                   the matter, the instant petition is dismissed for non prosecution.




                                                                   (Ajit Kumar, J)
    perwez

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