Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that without challenging the Bihar Dairy Cadre Recruitment Rules, no relief can be granted and dismissed the writ petition.
Summary
The petitioners sought mandamus directing the State of Bihar and the Bihar Technical Service Commission to give preference to candidates with technical qualifications from Bihar institutions by imposing a 50% horizontal reservation or a ten‑mark weightage in the selection of Dairy Field Officers/Dairy Technical Officers, and also to consider their work experience. The respondents argued that the advertisement complied with the Bihar Dairy Cadre Recruitment Rules, 2013 (as amended 2021), and that the petitioners had not challenged those rules. The Court observed that relief cannot be granted unless the underlying rule is contested, and that the petitioners were effectively seeking to insert a new provision without challenging the existing rule. Consequently, the Court declined to interfere with the recruitment process. The petition was dismissed, with liberty to the petitioners to file a fresh writ challenging the rule if they so wish.
Issues considered
- Can the court direct the respondents to grant horizontal reservation or weightage to candidates without a challenge to the Bihar Dairy Cadre Recruitment Rules, 2013?
- Is a writ of mandamus appropriate to stay the selection result when the advertisement follows the applicable recruitment rule?
- Whether the petitioners may obtain relief without contesting the statutory recruitment rule?
Subjects
- reservation
- horizontal reservation
- weightage
- mandamus
- recruitment rules
- Bihar Dairy Cadre Recruitment Rules 2013
- Bihar Technical Service Commission
- dairy officer recruitment
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4648 of 2026
======================================================
1. Vikash Kumar Son of Madhesh Kumar Sah, Resident of Village Khairma,
P.O. and P.S. Jamui, District Jamui.
2. Uzzwal Kumar, Son of Yogendra Sah, Resident of Mohalla Mirchaipatti,
Ward No. - 9, Chakmahila, Sitamarhi Bazar, P.S. Sitamarhi, District -
Sitamarhi.
3. Amit Kumar Shukla, Son of Late Prahlad Shukla, Resident of Village
Shivarahi, Mathiya, Majharia Kishun, P.S. - Nautan, District - West
Champaran.
4. Vivek Kumar Vikram, Son of Birendra Kumar Singh, Resident of Village
Kheshrahi urf Raghunathpur, Ward No. 4, P.S. Patepur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Diary, Fisheries and Animal
Resources Department, Government of Bihar, Patna.
2. The Secretary, Diary, Fisheries and Animal Resources Department,
Government of Bihar, Patna.
3. The Director (AHD), Diary, Fisheries and Animal Resources Department,
Government of Bihar, Patna.
4. The Additional Secretary, Diary, Fisheries and Animal Resources
Department, Government of Bihar, Patna.
5. The Joint Secretary, Diary, Fisheries and Animal Resources Department,
Government of Bihar, Patna.
6. The Deputy Secretary, Diary, Fisheries and Animal Resources Department,
Government of Bihar, Patna.
7. The Bihar Technical Service Commission through its Chairman, 19. Harding
Road, Patna - 800001.
8. The Chairman, The Bihar Technical Service Commission, 19, Harding Road,
Patna-800001.
9. The Additional Secretary, The Bihar Technical Service Commission, 19,
Harding Road, Patna - 800001.
10. The Joint Secretary, The Bihar Technical Service Commission, 19, Harding
Road, Patna - 800001.
11. The Deputy Secretary, The Bihar Technical Service Commission, 19,
Harding Road, Patna - 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
For the State : Mr. Standing Counsel (28)
For the B.T.S.C. : Mr. Nikesh Kumar, Advocate
Mr. Praveen Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
Patna High Court CWJC No.4648 of 2026(2) dt.30-03-2026
2/4
2 30-03-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Bihar Technical
Service Commission.
2. The present writ petition has been filed for the
following relief/s:-
“I. Issuance of Writ, Order, direction in the
nature of Mandamus commanding the
Respondents to give preference to the
Candidates who have obtained required
Technical Qualification from Colleges /
Institutions situated in Bihar State by either
giving 50% Horizontal Reservation in each
category or Weightage of 10 (Ten) Marks in
the Selection Process of Dairy Field Officer /
Dairy Technical Officer which has been
Advertised vide Advertisement No.01 of 2026.
II. Issuance of Writ, Order, direction in the
nature of Mandamus commanding the
Respondents to amend the Advertisement No.
01 of 2026 to the extent that preference shall
be given to the candidates who have obtained
required Technical Qualification from
Colleges/Institutions situated in Bihar State by
either giving 50% Horizontal Reservation in
each category or Weightage of 10 (Ten) Marks
to those Candidates who have obtained
required Technical Qualification from
Colleges / Institutions situated in Bihar State.
Patna High Court CWJC No.4648 of 2026(2) dt.30-03-2026
3/4
III. Issuance of Writ in the nature of
Mandamus directing the Respondents to
consider the Work Experience of the
Petitioners as there Service is being taken by
the State of Bihar itself but through
Outsourcing through an agency selected for
the said purpose.
IV. To issue an appropriate writ / order in the
nature of Mandamus commanding the
Respondents to take final decision on the issue
of giving preference to the candidates who
have obtained required Technical
Qualification from Colleges / Institutions
situated in Bihar State in the light of Policy
decision of the State and also with regard to
Work Experience gained through an Agency
which has been outsourced by the Department
itself in the Selection Process of Dairy Field
Officer/ Dairy Technical Officer which has
been Advertised vide Advertisement No.01 of
2026.
V. To stay the final result of the Selection
Process of Dairy Field Officer/Dairy
Technical Officer which has been advertised
vide Advertisement No.-01 of 2026 till the
final adjudication of the present Writ Petition.
VI. Issuance of such other order/orders,
direction/directions, relief/reliefs to which the
petitioner may found entitled to be passed as
your Lordships may deem fit and proper.”
Patna High Court CWJC No.4648 of 2026(2) dt.30-03-2026
4/4
3. Learned counsel appearing for the Bihar Technical
Service Commission raised preliminary objection and submits
that the said advertisement has been published completely in
accordance with the rule namely, The Bihar Dairy Cadre
Recruitment Rules, 2013 with further amendment in 2021.
Counsel submits that the advertisement has completely been
made in accordance with the said rule. Counsel submits that the
petitioners have not challenged the said rule and without
challenging the rule, petitioners are trying to make prayer before
this Court to insert a new provision in the advertisement.
4. It transpires to this Court that without challenging
the rule, no relief can be granted to the petitioners.
5. In this background, this Court is not inclined to
interfere in this matter. Hence, this writ petition stands
dismissed with liberty to the petitioners that if advised so, they
may challenge the said rule by way of filing fresh writ petition.
(Dr. Anshuman, J)
Divyansh/-
U
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