Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The petitioner does not fall within the category of the 133 candidates covered by the Supreme Court direction, and the writ petition cannot be entertained.
Summary
Santosh Kumar filed a writ petition seeking a mandamus directing the State of Bihar and the Bihar Staff Selection Commission to appoint him as Sub‑Inspector, relying on Supreme Court and Patna High Court orders that directed appointment of 133 candidates who cleared the physical test. He argued that similar candidates with lower marks had already been appointed and that the court should extend the benefit to him. The respondents contended that the Supreme Court order applied only to the specific 133 candidates and that any further representations were to be dealt with by the State, not the courts. The High Court examined the earlier judgments and noted that the petitioner was not among the 133 candidates covered by the earlier directives. It further observed that the observations in the LPA dated 30‑10‑2025 were applicable only to pending writs, and the present petition was not pending at that time. Consequently, the court dismissed the writ petition, holding that it could not grant the relief sought.
Issues considered
- Whether the petitioner is entitled to appointment as Sub‑Inspector under the Supreme Court direction that benefitted 133 candidates.
- Whether the writ court can entertain a petition for mandamus when the petitioner does not fall within the category of candidates covered by the earlier orders.
Subjects
- Equality
- Recruitment
- Sub‑Inspector appointment
- Writ of mandamus
- Supreme Court direction
- Public service
- Contempt petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5776 of 2026
======================================================
Santosh Kumar Son of Bishnudeo Mahto, Resident of Village- Dan Nagar
Ward No. 01, Police station- Khagaria, District- Khagaria. Category- MBC,
Roll No- X05082 Marks- 178.82
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Home Department, Government of Bihar, Patna.
3. The Director General of Police, Government of Bihar, Patna.
4. The Inspector General, Headquarter, Patna, Bihar.
5. The Bihar Staff Selection Commission through its Secretary, Bailey Road,
P.O.- Veterinary College Campus, Sheikhpura, Patna- 14.
6. The Chairman, Bihar Staff Selection Commission, Bailey Road, P.O.-
Veterinary College Campus, Sheikhpura, Patna- 14.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Government Pleader (14)
For the BSSC : Mr. Satyabir Bharti, Sr. Advocate
Ms. Astha Prakash, Advocate
Ms. Kanupriya, Advocate
Mr. Abhishek Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned Senior counsel for the Bihar
Staff Selection Commission (B.S.S.C).
2. The present writ petition has been filed for the
following relief/s:-
“I. To issue an appropriate writ, order,
direction in the nature of mandamus to direct
the respondent authorities to give the benefit
of right of equality to the petitioner taking into
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consideration the order passed by the Hon'ble
Supreme Court on 14.09.2017 in C.A. No.
2795-2797 of 2017 through which 133
candidates who have been qualified in
physical test for the Sub Inspector
Recruitment exam conducted by the Staff
Selection Commission, Bihar through Advt.
No. 704 of 2004 were directed to be appointed
after medical examination like other
candidates with the direction of the Hon'ble
Supreme Court and further 252 candidates
has also been directed to be appointed after
medical examination as per the direction
passed by this Hon'ble Court in C.W.J.C. No.-
2372 of 2023 and other analogous cases.
II. For issuance of direction to the Respondent
authorities to appoint the petitioner on the
post of Sub Inspector as similarly situated 133
candidates have already joined.
III. To direct the Respondent Authorities to
appoint the petitioner on the post of Sub
Inspector as several candidates have obtained
less marks than the petitioner have already
been appointed.
IV. And/or for any other relief or reliefs to
which the petitioner may be found entitled to
in course of hearing of this writ application.”
3. The issue involved in the present writ petition is
Patna High Court CWJC No.5776 of 2026(2) dt.20-04-2026
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identical to that of C.W.J.C. No. 5725 of 2026 & C.W.J.C. No.
5760 of 2026.
4. Learned counsel for the petitioner submits that vide
order dated 30.10.2025 in L.P.A. No. 998 of 2025 arising out of
C.W.J.C. No. 2372 of 2023 (The State of Bihar through the
Chief Secretary & Ors. Vs. Santosh Kumar & Ors.), particularly
para 7, it has been observed by the Hon’ble Division Bench of
this Court that “either of the parties will be at liberty to intimate
the Writ Court regarding the present appeal pending before this
Court.”
5. Learned counsel appearing for the BSSC, on the
other hand, submits that the Hon’ble Supreme Court of India in
Contempt Petition (C) No. 1711 of 2018 dated 01.11.2018 has
specifically observed that those who moved I.A are free to make
representations appealing to the good conscience of the State of
Bihar. It was further directed that the State of Bihar is free to
consider the case and pass appropriate order in accordance with
law. In case, such representations are made by the
intervenors/applicants within one month from today, appropriate
orders may be passed by the State on those representations
within three months thereafter. However, the Hon’ble Supreme
Court of India further clarified that even if their representations
Patna High Court CWJC No.5776 of 2026(2) dt.20-04-2026
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are rejected, it will not give rise to any proceedings/appeal in
any of the Courts. With the said direction, the I.A.s were
disposed of.
6. After hearing the parties, it transpires to this Court
that the petitioners of all the three writ petitions i.e. the present
C.W.J.C. No. 5776 of 2026, C.W.J.C. No. 5725 of 2026 &
C.W.J.C. No. 5760 of 2026, are taking benefits with regard to
the order in Contempt Petition (C) No. 1711 of 2018 in
Contempt Petition (C) No. 22/2018 in C.A. No. 2805 of 2017
with Contempt Petition (C) No. 1871-1875/2018 in Contempt
Petition (C) No. 14-18/2018 in C.A. No. 2806-2810/2017. The
operative part of the order states as follows:-
“...Mr. S. Nagamuthu, learned senior counsel,
and other counsel appearing for some of the
intervenors/applicants, pray for the same
relief which is granted to 133 candidates.
The said applicants are free to make
representations appealing to the good
conscience of the State of Bihar. The State of
Bihar is free to consider the same and pass
appropriate orders in accordance with law. In
case such representations are made by the
intervenors/applicants within one month from
today, appropriate orders may be passed by
the state on those representations within three
months thereafter.
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However, we make it clear that even if their
representations are rejected, it will not give
rise to any proceedings/appeal in any of the
Courts.
Any representations already filed shall also
been disposed of within four months from
today.”
7. This Court upon perusal of the observation made by
the Hon’ble Supreme Court of India is very much restricted his
relief for 133 candidates. Upon perusal of the record, it
transpires to this Court that the petitioner is not among those
candidates who comes within the purview of 133. It is true that
in L.P.A. 998 of 2025 arising out of C.W.J.C. No. 2372 of 2023,
the Hon’ble Division Bench of this Court has pleased to
observed in para 6, 7 & 8 that:-
“6. With regard to similar issue, other Writ
Petitions are also being filled.
7. Either of the parties will be at liberty to
intimate the Writ Court regarding the present
appeal pending before this Court.
8. List this appeal on 27.11.2025 under the
heading “For Admission” along with LPA
Nos. 988 of 2025, 1022 of 2025 and 1028 of
2025, if they are defect free.”
8. After perusal of the entire matters, this Court is of
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the firm view that on the day 30.10.2025 the present writ
petition was not pending and therefore, the observations made in
the L.P.A. 998 of 2025 was made only for those writ petitions
which were pending.
9. Therefore, this Court is not inclined to entertain this
writ petition. Accordingly, this writ petition stands dismissed.
(Dr. Anshuman, J)
Divyansh/-
U
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