Patna High Court
Archana KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition is dismissed; the final merit list stands as per the earlier decision in C.W.J.C. No. 2043 of 2021.
Summary
Archana Kumari filed a writ petition challenging the final merit list for recruitment under Advertisement No. 03/2021, alleging that the weightage points for experience were misapplied to candidates without fishery experience, thereby disadvantaging fresh B.Sc. (IFAS) graduates and contractual employees. She sought quashing of the merit list, a revision granting weightage only to 38 eligible contractual employees, and a transparent publication of category‑wise cutoff marks. The State of Bihar and the Bihar Technical Service Commission contended that the matter had already been decided by a division bench in C.W.J.C. No. 2043 of 2021, which rejected similar prayers. Relying on that precedent, the High Court dismissed the petition, holding that the earlier judgment was binding and the merit list could not be altered. Consequently, the petition was dismissed without any order for revision or disclosure of cut‑off marks.
Issues considered
- Whether the weightage points granted under clause 3(ii) of Advertisement No. 03/2021 were misinterpreted, violating the principle of merit in recruitment.
- Whether the final merit list should be quashed and a fresh list prepared granting weightage only to eligible contractual employees.
- Whether the authorities are required to publish detailed category‑wise cutoff marks and percentages for transparency.
Subjects
- merit list
- weightage points
- recruitment
- fishery department
- administrative law
- writ petition
- transparency
- quashing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4536 of 2023
======================================================
Archana Kumari D/o Upendra Nishad, Resident of Chakbhawani, Keoti
Ranwe, Police Station- Kewati, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional, Chief Secretary, Animal
Husbandry and Fishery Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, General Administration Department
Government of Bihar, Patna.
3. The Director Fishery Directorate, Government of Bihar, Patna.
4. The Chairman, Bihar Technical Service Commission 19, Harding Road,
Patna.
5. The Secretary, Bihar Technical Service Commission 19, Harding Road,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ranjit Ranjan, Advocate
For the State : Mr. Saurabh Kumar, AC to SC-19
For the BTSC : Mr. Nikesh Kumar, Advocate
: Mr. Aditya Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
8 05-02-2026 Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
(a) For issuance of appropriate
writ/writs, order/orders, direction/
directions for quashing the final
merit list circulated in pursuance
of Advertisement No. 03/2021
contained in Letter No. 1640
dated 18.07.2022 whereby and
whereunder by misinterpreting the
clause 3(ii) of advertisement
Patna High Court CWJC No.4536 of 2023(8) dt.05-02-2026
2/4
which states in respect of granting
of weightage for those applicants
who have experience in
agriculture and fishery area are
entitled to get five weightage
points for a year and maximum of
25 weightage points for 5 years,
granted weightage to all those
candidates who are working in
NGO like Jeevika, Land
Conservation Department, Water
Protection Department, candidates
working under World Bank
Scheme of Kosi Bihar Basin
Development Programme
resultantly all those candidates
have no who experience in fishery
affair got chance to come within
recommendation zone at the cost
of fresh graduate from B.Sc.
(Industrial Fish and Fisheries, in
short 'IFAS') who lost the chance
to come within recommendation
zone and all those persons who are
working as a contractual employee
in other departments got
benefitted.
A Photo Copy of
Advertisement No.
03/2021 is annexed
herewith and marked as
ANNEXURE-1 to this
petition.
Patna High Court CWJC No.4536 of 2023(8) dt.05-02-2026
3/4
(b) For issuance of appropriate
writ/writs, order/orders,
direction/directions for
commanding the respondent
authorities to revise the merit list
by granting weightage point only
to 38 contractual employees
working on Fishery Development
the post of Officer and excluding
all those contractual employee
who are engaged in other scheme
(no related with the Scheme or
activities of Fishery Department)
and to prepare a fresh merit list.
A Copy of Final Merit
List is annexed herewith
and marked as
ANNEXURE-2 to this
petition.
(c) For issuance of appropriate
writ/writs, order/orders,
direction/directions for
commanding the respondent
authorities especially Respondent
No. 5 to publish the result more
transparently by giving cutoff
marks of all categories such as
General male, General Female,
EWS-BC-Male, EWS-Female,
BC-Male, Female, EBC-Male,
EBC-Female, SC-male, SC-
Female, ST-Male- ST-Female, like
result of Advertisement No.
Patna High Court CWJC No.4536 of 2023(8) dt.05-02-2026
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02/2021 as well as percentage of
marks/cutoff marks of each
individual candidate but reason
best known to respondent
authorities who published final
merit list of Advertisement No.
03/2021 contains only a vague
statement in respect of percentage
of marks of category wise cutoff
marks.
3. At the outset, the learned counsel for the respondent
nos. 5 & 6 submits that identical matter has been decided by a
division bench of this Hon’ble Court vide its order dated
08.02.2024 in C.W.J.C. No. 2043 of 2021 and its analogues
case, whereby the Division Bench after considering all the
aspects has rejected the prayers made in those writ petitions.
4. Considering the submissions made by the learned
counsel for the respondent nos.4 & 5, the present writ petition
stands dismissed in view of the order dated 08.02.2024 passed
in C.W.J.C. No. 2043 of 2021 and its analogues case.
(Ritesh Kumar, J)
AjayMishra/-
U
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