Patna High Court
SumanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed as the petitioner failed to comply with the documentary requirements prescribed in the advertisement, rendering her ineligible for selection.
Summary
The petitioner, Suman, filed a writ petition seeking appointment as a Homeopathic Medical Officer under Advertisement No. 06/2020 of the Bihar Technical Service Commission, claiming she secured 42.444 marks, exceeding the OBC cut‑off of 41.028. She argued that she possessed all required qualifications and had applied online from Lucknow during COVID‑19 restrictions, submitting a caste certificate issued by the S.D.O. However, the Commission contended that she failed to submit the required educational and caste certificates within the deadlines stipulated in Clause‑9 and Clause‑5(iii)(B) of the advertisement, leading to her being treated as a general category candidate. The court examined whether non‑compliance with these documentary requirements barred her selection under the reservation provision. Finding that the petitioner did not fulfill the mandatory conditions, the court held that the writ petition could not be entertained. Consequently, the petition was dismissed.
Issues considered
- Whether the petitioner is entitled to appointment as Medical Officer despite alleged non‑compliance with documentary requirements under the advertisement.
- Whether failure to submit required certificates within the stipulated time disqualifies the petitioner from OBC reservation benefits.
- Whether the writ petition is maintainable in view of procedural deficiencies in the selection process.
Subjects
- appointment
- reservation
- OBC
- Bihar Technical Service Commission
- writ petition
- selection process
- documentary compliance
- COVID-19
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5598 of 2024
======================================================
Suman Daughter of Sidheshwar Prasad Sinha Resident of Mohalla- R M S
Colony, Road No. 1B, Kankarbagh, P.S.- Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, General Administration
Department, Govt. of Bihar, Patna.
2. The Chairman, Bihar Technical Service Commission, Harding Road,
Rajbansi Nagar, Patna- 800015.
3. The In-charge Secretary, Bihar Technical Service Commission, Harding
Road, Rajbansi Nagar, Patna.
4. The Special Secretary Cum Controller of Examination, Bihar Technical
Service Commission, Harding Road, Rajbansi Nagar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate
For the Respondent/s : Mr.Nikesh Kumar, Advocate
Mr. Akshansh Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-02-2026
Heard learned counsel appearing for the petitioner,
learned counsel appearing for the State, and learned counsel
appearing for the Bihar Technical Service Commission.
2. Learned counsel appearing for the petitioner
submits that the present writ petition has been filed seeking
appointment of the petitioner to the post of Medical Officer
(Homeopathic) pursuant to Advertisement No. 06/2020 issued
by the Bihar Technical Service Commission and published on
Patna High Court CWJC No.5598 of 2024 dt.10-02-2026
2/4
28.09.2020. It is submitted that the petitioner secured 42.4440
marks in the OBC category, whereas the cut-off marks for the
said category were fixed at 41.028, which is lower than the
marks obtained by the petitioner.
3. Learned counsel for the petitioner further
submits that the petitioner applied online for the post of
Homeopathic Medical Officer under Advertisement No. 06/2020
as an OBC category candidate on 24.10.2020 from Lucknow,
where her husband was posted in Railway service. It is further
submitted that due to the Covid-19 pandemic, movement was
restricted by Government policy.
4. Learned counsel for the petitioner further
submits that the petitioner possessed all the requisite
qualifications for the said post. It is submitted that the petitioner
applied under the Backward Class category on the basis of a
certificate issued by the S.D.O., Patna Sadar. The merit list was
prepared on the basis of academic performance, and the
petitioner was shortlisted for counselling under the Backward
Class category. Despite securing 42.444 marks, which is higher
than the prescribed cut-off of 41.028, the petitioner was not
selected. It is further submitted that the petitioner fulfilled all
the eligibility criteria, yet her name did not appear in the final
Patna High Court CWJC No.5598 of 2024 dt.10-02-2026
3/4
result.
5. Learned counsel appearing for the Bihar
Technical Service Commission has raised objections to the writ
petition and submits that although the petitioner participated in
the selection process pursuant to the advertisement, she failed to
fulfill the conditions prescribed under Clause-9 of the
advertisement. According to the said clause, certificates relating
to educational qualifications were required to be issued prior to
28.10.2020, which date was subsequently extended till
17.12.2021. It is further submitted that as per Clause 5(iii)(B)
relating to reservation, certificates regarding caste, creamy layer,
domicile, and female candidature were required to be submitted
in the name of the petitioner’s father, in accordance with law.
6. Learned counsel further submits that the
petitioner failed to submit the requisite certificates within the
time stipulated in the advertisement. It is contended that there
has been gross violation of Clause 5(iii)(B) as well as Clause-9
of the advertisement, and for this reason, the petitioner could not
be selected and was treated under the general category.
7. In light of the submissions made by the parties,
it is apparent that there is a clear deficiency in compliance with
the conditions prescribed under Clause 5(iii)(A)(ix) of the
Patna High Court CWJC No.5598 of 2024 dt.10-02-2026
4/4
advertisement. Therefore, this Court refrains from entertaining
the present writ petition.
8. Accordingly, the writ petition stands dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 11/02/2026
Transmission Date NA
Checking your session…