Patna High Court
Chandrabir Kumar and AnrversusBihar Staff Selection Commission and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application was dismissed as withdrawn.
Summary
Petitioners Chandrabir Kumar and Rajesh Kumar filed a writ petition seeking a mandamus directing the Bihar Staff Selection Commission (BSSC) to consider their Certificate of Non Creamy Layer and place them in the merit list for the post of Agriculture Coordinator. The petition argued that the commission had not acted on their certificate. During the pendency of the application, the petitioners informed the court that subsequent developments rendered the petition infructuous and they wished to withdraw it. The court entertained the request to withdraw and dismissed the writ application as withdrawn. No substantive merits on the mandamus claim were adjudicated.
Issues considered
- What is the appropriate remedy, if any, for petitioners seeking compulsory consideration of their Non Creamy Layer certificate by the BSSC?
- Can a writ of mandamus be issued when the petitioner seeks to be placed in a merit list for a specific post?
- Is the court empowered to dismiss a writ application on the ground that the petitioner wishes to withdraw it as the matter has become infructuous?
Subjects
- Writ of Mandamus
- Non Creamy Layer Certificate
- Merit List
- Bihar Staff Selection Commission
- Withdrawal of Application
- Civil Writ Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4732 of 2017
======================================================
1. Chandrabir Kumar, Son of Ramchandra Prasad Mahto, Resident of Village-
Rahua, P.S.- Rosera, District- Samastipur.
2. Rajesh Kumar, Son of Shri Ashok Prasad, Resident of Village- Naugachia,
P.S.- Naugachia, District- Bhagalpur.
... ... Petitioner/s
Versus
1. Bihar Staff Selection Commission, Veterinary College, Patna, District-
Patna.
2. The Chairman, Bihar Staff Selection Commission, Veterinary College,
Patna, District- Patna.
3. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna,
District- Patna.
4. The State of Bihar through the Principal Secretary, Department of
Agriculture, Govt. of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioners : Mr. Ranjan Kumar Jha, Advocate
For the State : Mr. Sarvesh Kr. Singh, AAG-13
For the B.S.S.C. : Mr. S. S. Sundaram, Advocate
Mr. Aman Kr., Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-01-2026 1. The petitioners have filed the instant application for
the following relief :-
“That this writ application is being
filed for issuance of a writ in the nature of
Mandamus commanding the respondent- Staff
Selection Commission to consider the Certificate
of Non Creamy Layer submitted by petitioners
and accordingly place them in the merit list
panel prepared for appointment on the post of
Agriculture Coordinator and further for relief
flowing from such placement in the panel.”
Patna High Court CWJC No.4732 of 2017(3) dt.20-01-2026
2/2
2. It is submitted by learned counsel for the petitioner
that with the subsequent developments that have taken place
during pendency of the instant application, the matter has
become infructuous and as such he seeks permission to
withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
avinash/-
U
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