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Patna High Court

Md. Asif KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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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