Patna High Court
Dr. Indramani DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition is dismissed as there is no merit in granting the reliefs sought due to the petitioner’s undue delay and the closure of the recruitment process.
Summary
Dr. Indramani Das filed a writ petition seeking a mandamus directing the Bihar State authorities and the Bihar Public Service Commission to give him a reasonable chance to appear for the interview, to consider his eligibility for the assistant professor post advertised in 2014, and to communicate his recruitment status properly. The respondents argued that the advertisement was from 2014, a newer advertisement was issued in 2020, the recruitment processes for many subjects have concluded, and the petitioner approached the court after a delay of seven to eight years. The court examined whether the petitioner’s delayed claim could be entertained and found no merit in the reliefs sought. Consequently, the petition was dismissed. The decision underscores that undue delay and the lapse of the recruitment cycle preclude granting mandamus in such cases.
Issues considered
- What is the appropriate remedy, if any, for a petitioner seeking a mandamus to participate in a recruitment interview and have his eligibility considered after a significant delay?
- Whether the respondents are obligated to use a registered mode of communication with the petitioner concerning the recruitment process.
- Whether the passage of time (seven to eight years) bars the petitioner from obtaining relief in a writ petition challenging a recruitment advertisement from 2014.
Subjects
- mandamus
- recruitment
- public service commission
- eligibility
- delay
- administrative law
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4802 of 2025
======================================================
Dr. Indramani Das Son of Late Ratan Lal Das Resident of Village- Dumariya,
P.O.- Dumariya, P.S.- Dandkhora, District- Katihar- 85511, Presently
Residing at behind Pahi Palace, Sarai Tanr, Hatma, Morabadi, P.O.- Ranchi
University, P.S.- Lalpur, District- Ranchi, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principle Secretary, Education Department, Government of Bihar,
Patna.
3. The Chairman, Bihar Public Service Commission, Bihar, Patna.
4. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, Bihar, Patna.
5. The Bihar State University Service Commission, Patna through its Secretary.
6. The Chairman, Bihar State University Service Commission, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nidhi Anand, Advocate
For the Respondent/s : Mr. AC to AAG-4
For the BPSC : Mr. Lalit Kishore, Sr. Advocate
: Mr. Kanishka Shankar, Advocate
For the BSUSC : Mr. Anjani Kumar, Sr. Advocate
: Mr. Rohan Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-01-2026 Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
(i) For the issuance of writ in the nature of
mandamus or any other appropriate
writ for to commanding/directing the
respondents to give the petitioner an
appropriate and reasonable chance to
participate in interview procedure of
vacancies published vide advertisement
Patna High Court CWJC No.4802 of 2025(2) dt.21-01-2026
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no. 73/2014 dated 14/09/2014 by
B.P.S.C. in Daily News Paper namely
"Prabhat Khabar" after entertaining
the representation of the petitioner
dated 07/02/2025.
(ii) For the issuance of writ in the nature of
mandamus or any other appropriate
writ for to commanding/directing the
respondents to consider the
eligibility/candidature of the petitioner
regarding the post of assistant
professor as the petitioner applied and
got roll no. 73011029, and also fulfills
all the eligibility/candidature criteria
published vide advertisement no.
73/2014 dated14/09/2014 by B.P.S.C.in
Daily News Paper namely "Prabhat
Khabar"
(iii) For the issuance of writ in the nature of
mandamus or any other appropriate
writ for to commanding/directing the
respondents to use proper and
registered way of communication with
the petitioner, so that, petitioner could
become aware about his stage in the
recruitment process.
3. Learned counsel for the respondent nos. 5 & 6
submits that petitioner has come here for appointment pursuant
to the advertisement of the year 2014. Subsequent thereto, an
advertisement has been published in the year 2020 for which the
appointment process for different subjects has come to an end
Patna High Court CWJC No.4802 of 2025(2) dt.21-01-2026
3/3
and for some subjects, the same is still continuing. Further, the
petitioner has woke up from slumber after almost 7 to 8 years
and at this belated stage has come before this Hon’ble Court.
4. Considering the submissions made on behalf of the
respondent nos. 5 & 6, I find no merit in the prayers made in the
writ petition and the same is accordingly dismissed.
(Ritesh Kumar, J)
AjayMishra/-
U
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