Patna High Court
Md. Asif KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is disposed, directing the petitioner to file a representation before the Secretary of the Bihar Public Service Commission and the Secretary to decide within the stipulated time.
Summary
The petitioner, Md. Asif Khan, a Divyang candidate who received reservation benefits in the 70th BPSC Preliminary Examination, was debarred from the same benefit in the mains examination without prior notice. He filed a writ petition seeking a mandamus directing the Bihar Public Service Commission (BPSC) to provide the statutory criteria for reservation, re‑evaluate his mains result, and allow him to appear for the interview. The petitioner had earlier submitted a representation to the BPSC Chairman on 26‑02‑2026, which remained pending. The State suggested that the petitioner file a representation before the Secretary of the BPSC. The High Court disposed of the petition, directing the petitioner to file his representation before the Secretary within 30 days and directing the Secretary to decide on the representation within 60 days, with a reasoned order.
Issues considered
- Whether the petitioner is entitled to the Divyang reservation benefit in the BPSC mains examination without prior notice.
- Whether the court can issue a mandamus directing the BPSC to provide statutory criteria and re‑evaluate the result.
- Whether the petitioner must first exhaust the administrative remedy of filing a representation before the Secretary of the BPSC.
Subjects
- reservation
- persons with benchmark disability
- public service commission
- mandamus
- administrative remedy
- procedural fairness
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5089 of 2026
======================================================
Md. Asif Khan Son of Md. Kamaluddin Khan, Resident of village-237 K
North Side, Tajpur Kurra, Police Station -Tajpur, District- Ghazipur, Uttar
Pradesh.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
4. The Bihar Public Service Commission, through its Chairman, 15th
Jawaharlal Nehru Marg, (Bailey Road), Patna.
5. The Chairman, Bihar Public Service Commission, 15th Jawaharlal Nehru
Marg, (Bailey Road), Patna.
6. The Secretary, Bihar Public Service Commission, 15th Jawaharlal Nehru
Marg, (Bailey Road), Patna.
7. The Examination Controller, Bihar Public Service Commission, 15th
Jawaharlal Nehru Marg, (Bailey Road), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
For the Respondent/s : Ms. Deepanjali Gupta, AC to GP-10
For the BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
Mr. Prabhakar Pahepuri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 06-04-2026
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Bihar Public
Service Commission.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“(a) For issuance of an
Patna High Court CWJC No.5089 of 2026 dt.06-04-2026
2/3
appropriate writ, order or direction,
particularly in the nature of Mandamus,
directing the respondent authorities to
immediately provide the statutory
criteria/rules regarding the reservation
benefits for a Divyang (PWBD) candidate
belonging to other states to the petitioner,
having received the benefit of the Divyang
Category in the 70th BPSC Preliminary
Examination, was arbitrarily debarred form
the same benefit in the mains examination
without any prior notice.
(b) For directing the respondents
to re-evaluate the petitioner's 70th BPSC
Mains Result in accordance with the
prescribed Divyang Category reservation
(PWBD)
(c) For directing the respondents
to allow the petitioners to participate in the
ongoing interview process of the 70th BPSC
Exam if he is found eligible.
(d) And/or pass such other order
or orders as your Lordships may deem fit
and proper.”
3. Learned counsel for the petitioner submits that for
the relief the petitioner has filed representation before the
Chairman, Bihar Public Service Commission, on 26.02.2026 but
no decision has been taken till date.
Patna High Court CWJC No.5089 of 2026 dt.06-04-2026
3/3
4. Learned counsel for the State, on the other hand,
submits that the petitioner may be directed to file representation
before respondent No.6, the Secretary, Bihar Public Service
Commission.
5. In the light of the submissions made, the writ
petition is disposed off directing the petitioner to file
representation before respondent No.6, the Secretary, Bihar
Public Service Commission and the respondent No.6, within
thirty days from today and the Secretary, Bihar Public Service
Commission is hereby directed to take decision on the
representation of the petitioner within 60 days thereafter.
6. It is made clear that the representation shall be
presented along with the order and petitioner shall be at liberty
to raise all the points on which respondent No.6, the Secretary,
Bihar Public Service Commission, shall pass a reasoned and
speaking order.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.04.2026
Transmission Date
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